html5-img
1 / 21

Legislative Brief (C ondominium Act,1998) Primary Topics

Legislative Brief (C ondominium Act,1998) Primary Topics. Brief & Summary submitted May 31, 2011 Well received by government Meeting with government – very productive Might form basis of their analysis Must finalize submissions & soon. Government has 4 primary topics: (a) Governance

raymond-anderson
Download Presentation

Legislative Brief (C ondominium Act,1998) Primary Topics

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Legislative Brief (Condominium Act,1998)Primary Topics

  2. Brief & Summary submitted May 31, 2011 • Well received by government • Meeting with government – very productive • Might form basis of their analysis • Must finalize submissions & soon

  3. Government has 4 primary topics: (a) Governance (b) Financial (b) Dispute Resolution (ADR) (c) Licencing of Managers

  4. Governance -Corporate Records – Access for owners -Collect all reasonable costs in compliance -Owner-Occupied Elected Director position -Proxies -Directors minimal compulsory education

  5. Corporate Records – Access (s. 55)55(3) – Examination - can charge a reasonable fee for retrieval, organization and monitoring 55(4)(b) – Exception - Include confidential matters which if disclosed would prejudice the corporation, employees, owners, residents

  6. Corporate Records – Access (s. 55)55(4)(c) – Produce names of owners and address for service that is in corporate recordsCondo Commando (fishing) vs. Rogue Board (improper interference of legitimate request)55(8) – Delete Penalty ($500 fine)

  7. Compliance- no pre-condition for mediation & arbitration (amend 134(1) and 132(4))- Costs of enforcing order can be added to common expenses for unit- add breach of joint by-law or joint rule- ability to order termination of lease and eviction on first application

  8. Owner-Occupied Elected Director- Sec. 28 and 51(5) & (6)- Eliminate concept and position - not necessary - make elections, ballots and proxies easier- If not eliminate then: - criteria should not be “if at least 15%” but rather “if less than 70% - Change definition in 55(5)

  9. Proxies- Sec. 52(5) – delete subsection- Proxies not have to name candidate- Allow to be used for nominations from floor- Add right not to vote, but use for quorum Mandatory Education of Directors-Sec. 29 (3)-introductory, minimal course – within 2 years

  10. FinancialInsurance DeductibleMore Disclosure by Developers Accountability – 1st Year Budget ShortfallTarion to cover Conversions Alterations Common Elements (S. 97) – - increase monetary threshold

  11. Insurance Deductible-Sec. 105(2) and new (3)-damage to common elements and other units-repairs to be carried out by Corporation Developers-More disclosure-key financial issues (s. 72& 112) -better budgets -disclose all agreements, leases, -Accountability 1st year budget shortfall (s. 75) -new 75(7) – interest if not paid within 30 days

  12. Alterations to Common Elements-Sec. 97-Increase monetary threshold (97(2)(c))-greater of 3% of budget or $15,000 -delete “in any given month” – confusing -if no quorum at requisitioned meeting then approved-Delete definition of “Substantial Change”

  13. Reserve Fund - FundingMinimum contribution in 1st year budget increase to 20% -Define “Adequate” not “Sufficient” - inflation-matched; - no deficit - balanced-We recommend inflation-matched in 3 years

  14. DISPUTE RESOLUTION - Sec. 132, 134 and 135- Single biggest issue across Canada- no easy solution- models across North America- condo commandos and rogue boards- emotional, passionate

  15. ADR ModelsOmbudsmanInformation Office/Officer - Government - Private (e.g. CCI(T) or ACMO)

  16. ADR ModelsTribunals (a)Operated & Funded by Government - government officer represents owner - owner represents self or with lawyer (b) Privately Operated - ACMO or CCI(T)

  17. TribunalsNova Scotia - Condominium Dispute Officer - either side can apply - very limited grounds - Fee of $115 - right of appeal – condo appeal officers - similar to Tarion and LATOtherwise arbitration

  18. TribunalsBritish Columbia(a) Provide Resources and Information (b) Formal Dispute Resolution - Try to get settlement - Make binding decisions- limited jurisdiction- Still access to Superior Court

  19. TribunalsAmerican Models-Most have mediation (voluntary or mandatory) – state may offer service -Most have some form of arbitration -binding and non-binding -Trial de novo in court but huge cost consequences if not do better - Condo corporation can issue fines

  20. Other AlternativesWilliam Stratas Concept (MTCC 933)-Statutory Director appointed by gov’t to sit on dysfunctional, rogue boards - mentorship, teaching, coaching, etc - Owners or Board members can trigger - limited time on Board but full voting - Corporation pays for Director

  21. Dispute Resolution- More to do - Wish 2-3 models to take to community for feedback-Will never satisfy everyone, but hopefully better solution and balance

More Related