CONDOCENTRIC: Did You Know?

Superintendents

The provisions of the Employment Standards Act 2000 governing minimum wages, hours of work and public holidays do not apply to superintendents who live on site.

It is a good idea to have a written employment contract with superintendents.

Call us if you want to know more!

Reserve Funds - Funding Plans

Under subsection 94(9) of the Condominium Act, 1998, S.O. 1998, c. 19, fifteen days after the board has proposed a funding plan, the board must send a notice to owners of the plan.

The fifteen days starts to run when the board has proposed a funding plan, in regards to which the board has 120 days to do after receiving a reserve fund study which they have approved as final.

For more about the timing of proposing a funding plan, see our previous issues!

Bank Accounts

Under subsection 115(2) of the Condominium Act, 1998, S.O. 1998, c. 19 the bank accounts of a condominium corporation must be in the name of the condominium corporation. The accounts shall not be held in trust for the condominium corporation. This subsection provides one of the many checks and balances essential to the fair and proper running of a condominium corporation.

Sound obvious? We've seen a condominium corporation open a joint account for the reserve fund in the name of the condominium corporation and a majority unit owner!

Quoting or Bidding?

The general practice for condominium corporations when looking for a service provider is to ask for quotes, and then choose the most favourable on a balance of cost and quality of work.

Asking for quotes does not constitute asking for a bid. The formal bidding process is one where those submitting the bids cannot, for a limited period of time, withdraw the bids, and, if the one calling bids chooses to accept a bid, the bidder is bound by it.

So what's the difference? How is the bidding process "triggered?"

It all has to do with the documents calling for bids. If the documents calling for bids provide that a bid is to be irrevocable, anyone responding to the call is bound thereby.

The bidding process creates stringent obligations on both the party calling for the bids, and the parties bidding. Unless your condominium corporation is undertaking a MAJOR project, your best idea is probably to perform your due diligence with respect to getting quotes. Call us to learn more!

Commencing an action

Under subsection 23(2) of the Condominium Act, 1998, S.O. 1998, c. 19, a condominium corporation must give written notice of the general nature of the action to all persons who are in the records of the condominium corporation. This should be done through the condominium corporation’s solicitor. A condominium corporation does not have to provide notice, if: the action is to enforce a lien, such as an action for possession commenced in small claims court, or; if the action is further to a condominium corporation’s duty to take all reasonable steps to ensure compliance with the Act, declaration, by-laws and rules.

From “Common Elements" Fall 2004

All of the information contained in this article is of a general nature for informational purposes only, and is not intended to represent the definitive opinion of the firm of Elia Associates on any particular matter. Although every effort is made to ensure that the information contained in this newsletter is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.

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