Tag Archives: real estate

Condo Owners Speak Out

by: Linda Pinizzotto, DStG – Dame Order of St George –  Founder CEO COA – Condo Owners Association

Condo Owners rights? 

There are more than 1.3 Million condo owners in Ontario, the Condo Act must be taken seriously by Board Members and Condo Corporations.   Mandatory classes should be enacted for all Condo Owners so they understand their rights.   Sometimes the COA wonders whether it is only service related trades making recommendations?  The Provincial Government needs to listen to Condo Owners not Board Members and or service trades.  Are existing issues documented with the CAO being researched and considered?

Condo Owners are slowly waking up but they are still at a loss to obtain answers and find resolutions within their own Condo building.  They do not want to file with the CAO, Condo Authority of Ontario because they are afraid.  How do we finally open that door of communication?   We are addressing some concerns on the COA Blog.  We appreciate owners to submit their comments and complaints using this portal as a VOICE FOR CONDO OWNERS

Maintenance Fees

FINANCIAL STRUCTURE OF A CONDOMINIUM

by: Linda Pinizzotto, DStG – Dame Order of St George –  Founder CEO COA – Condo Owners Association 

What determines your Maintenance Fee?

The Condominium Financials includes the operating budget, surplus of funds, contingency funds and the reserve funds of the Corporation.  The maintenance fee for each unit is assessed in relation to the square footage of the unit, parking and locker (if included).  The Budget will include all of the expenditures based on a fiscal year of operations. Continue reading

Condo Voting Proxy

by: Linda Pinizzotto, DStG – Dame Order of St George –  Founder CEO COA – Condo Owners Association 

CONDO PROXY AT THE ANNUAL GENERAL MEETING

  • Qorum was called – the meeting can start!
  •  62 Proxies and 28 Owners in Attendance records 90
  • How many were for quorom?  None the proxies eliminated quorom.
  • How many included voting?  All 62 because an option for substitution and other non compliance terms were included
  • Corporation Lawyer was the Chair at the AGM cost $500 per hour
  • Does your Corporation Lawyer refuse questions prior to the election
  • The Board holds control of the majority 62 proxies !
  • The proxy form is in non compliance to the Condo Act
  • Owners object but Lawyer and Board ignores objection
  • The Board appoint 2 of their friends as scrutineers
  • Ballots are casted; scrutineers count proxies behind closed doors
  • The Board announces the “New Board Member/s and moves on!!
  • How many proxy and ballot votes for each candidate!!  Who knows?  Only the Board, Property Management and the 2 scrutineers
  • The Board forged 62 proxies before the meeting started!!
  • 28 Owners wasted their time on the (1) single vote for Director for owner-occupied position
  • The Deceitful Board of Directors has MAJORITY VOTE & control
  • The Lawyer puts forward a motion DESTROY Ballots;  of course and doesn’t answer owners about ability to view the Proxies;  of course!!
  • The deceitful Board now has control to ie: manouever contracts, skim monies, hold Owners hostage from receiving Condo documents, place unjustified liens on Owners units, create havoc and spread lies and deceit for their own self gain!!
  • Owners are so afraid they will remain silent!!!!
  • THE BOARD KNOWS THAT THE COAST IS CLEAR !!!

Condo Declaration non-compliance to Condo Act

All Board of Director of any Condominium Corporation must comply with the Ontario Condominium Act 1998 https://www.ontario.ca/laws/statute/98c19

Also inclusive of the numerous changes to modernize the Act.   https://news.ontario.ca/en/release/21256/building-a-better-condominium-act

Condominium Corporations with outdated Declarations written prior to 1998 should be updated to comply with the act to protect the Corporation and its Owners.   A Condo Corporation is comprised of Owners equivalent to the number of units within the Corporation.   Board of Directors voted in by the Owners have a responsibility to follow the Act as written inclusive of other Acts Protecting Condominium Owners Act 2015, S.O. 2015, c. 28  https://www.ontario.ca/laws/statute/s15028 and Bill 106, Protecting Condo Owners Act, 2015  https://www.ola.org/en/legislative-business/bills/parliament-41/session-1/bill-106

It us our opinion not professional advice, the Board of Directors of your Condominium Corporation should consult a Condominium Lawyer to updated the any Condo Corporation Declaration which was written prior to 1998 Condo Act as soon as possible. If it is in non compliance and the Board of Directors carries on business of the Corporation in the above circumstances they not only may compromise the Corporation but could also potentially negate any Director Liability Claims considering they are well aware their Declaration and or By-Laws are outdated.   The COA are not lawyers, we are offering our opinion and equally suggest the Owners to seek Legal advice in the event the Board refuses.    If Owners feel their Board of Directors are not in compliance with the above acts, we highly recommended it be reported to the CAO  Condominium Authority of Ontario.  

Property Managers and Management company are licensed / an accreditation mandatory under the Act – Condominium Management Services Act, 2015, S.O. 2015, c.28, Sched 2   https://www.ontario.ca/laws/statute/15c28     Also regulated by the CMRAO mandating compliance to the Act in all of their professional activity.  If Owners feel they are in a situation where their Property Manager or Management company is not in compliance it is highly recommended it be reported to the CMRAO  Condominium Management Regulatory Association Ontario.  

Please note:   Under the Condominium Act, 1998, Section 37, Standard of Care (1): “Every Director and every officer of a corporation in exercising the powers and discharging the duties of office shall (a) act honestly and in good faith; and (b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.” 1998,c 19,s.37 (1).

We have offered our opinion on the above situation and we always endorsed Standard Care of every Director and Officer of the Corporation as noted above.   Protecting Condominium Owners Act is the product of the Governments comprehensive review of the existing Condominium Act.     We trust these directives are helpful. 

The COA has worked hard since 2010 for these changes

Condo insurance coverages

by: Linda Pinizzotto, DStG – Dame Order of St George –  Founder CEO COA – Condo Owners Association 

Allstate Insurance Company of Canada and Abacus Data released some research that shows many condo owners are lacking critical knowledge about their insurance coverage, which could lead to costly mistakes.

Here are some of the major findings:

  • 61 per cent of Canadian condominium (“Condo”) owners don’t know or incorrectly assume their building’s insurance will cover damage to another unit from water or fire that originated in their unit
  • 74 per cent of Canadians looking to purchase a condo in the next few years don’t know what their personal insurance cover versus what the condo corporation’s insurance should cover.
  • Only 39 per cent of condo owners and 26 per cent of condo buyers know that the belongings of a roommate or boarder are not covered under their personal condo insurance policies.
  • 21 per cent of condo owners are not aware that the condo corporation’s insurance is responsible for incidents like falling concrete and shattering glass from condominiums.

As a condo owner, there are things you can do to make sure you are protected:

  • Ask your condo board or management company to explain what the building’s insurance policy does or does not cover.
  • Talk to your insurance agent about your policy. Being properly covered can prevent your getting stuck with the bill if your condominium’s policy falls short.
  • Remember that damage done to your car in a garage or belongings in a storage locker are covered under your personal policy and not the building’s policy so you should ensure your coverage properly protects your car and any items you have stored in your locker.
    •   Right now we   (COA)  are partnering with Allstate   Canada to help educate Canadians about their condo insurance.     We’re running a contest to find a   GTA Condo Hero – a concierge, security guard or property manager who   makes a big difference to the lives of condo owners.

You can find out more about this contest