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CONDOMINIUM CORPORATIONS:
Upon registration of the
Condominium Plan (CP), a Corporation, without share capital, in which
the members are the Owners of the Units, is automatically formed.
The objectives of the Condominium Corporation (CC) is to manage the
property and assets of the CC. The Unit Owners, in the proportion
specified in the CP or other formula set out in the By-Laws, pay for
these functions.
The CC is directed by the
Board of Directors. The Board is elected by the Owners in the
manner set out in the By-Laws and must meet the requirements set out in
the By-Laws.
The CC has a duty to
effect compliance with the Condominium Property Act, the CP and the
By-Laws. The CC may sue for and in respect of any damage or injury
to the Common Property, caused by any person, whether an Owner or not.
In addition, a CC may be sued in respect of any matter connected with
the land for which the Owners are jointly liable.
The Condominium
Property Act provides for By-Laws to regulate the CC and to provide
control, management and administration of the Units, the Common Property
and the property of the CC. Initially, the By-Laws are mandatory
and are the statutory By-Laws imposed by the Condominium Property Act.
These statutory By-Laws are usually replaced.
The general powers and
duties of the CC are:
- responsible for the enforcement of the By-Laws, and the control,
management and administration of the Common Property and the CC's
real and personal property,
- establishment of a fund and raise monies sufficient for the
administration, insurance, control and management and other
obligations of the CC,
- assessing condominium fees and if unpaid to recover by action in
debt,
- filing Caveats on Owner's Units for failure to pay condominium
fees,
- charging interest on outstanding condominium fees,
- investing surplus funds,
- providing information to certain parties like Estoppel
Certificates, Information Statements and Insurance information,
- insuring the Units and the Common Property against loss by fire
and other perils specified by the By-Laws
- if so authorized, acquiring or disposing of real property and
disposing of Common Property,
- collecting security deposits and enforcing the rights of
landlords leasing residential Units, and
- if authorized by By-Law, impose a non-monetary or monetary
sanction on an Owner, tenant or invitee for breaches of the By-Laws.
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