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The. Board. Unit Owners. THE. Management. Comparing Roles. Michael H. Clifton M.A., LL.B., ACCI (Law). The. Board. WHO? Board members must be 18 years old or over, not undischarged bankrupts, and not mentally incompetent [Section 29(1)]

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Presentation Transcript
slide1

The

Board

Unit Owners

THE

Management

Comparing Roles

Michael H. Clifton M.A., LL.B., ACCI (Law)

slide2

The

Board

  • WHO?
    • Board members must be 18 years old or over, not undischarged bankrupts, and not mentally incompetent [Section 29(1)]
    • Not subject of a condominium lien for 90 days or more [Section 29(2)]
    • Meet any other restrictions in the by-laws of the Corporation [Section 56(1)(a)]
  • WHAT?
    • Manage the affairs of the corporation [Section 27(1)]
    • Act in good faith, honesty, and exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances [Section 37(1)]
  • WHY?
    • Focus, Consistency, Direction, Cohesion
slide3

Management

  • THINGS THEY SHOULD DO:
    • Assist the Board.
    • Carry out whatever functions the contract requires.
    • Bring professional knowledge, skill and attention to the management of the property.
  • THINGS THEY SHOULD NOT DO:
    • Usurp the authority of the Board;
    • Act outside of the parameters of their contracts.
    • Act outside the parameters of the law.

A professional condominium property manager must be familiar with the requirements of all applicable legislation and must advise the board of directors of a condominium regarding its obligations under the condominium legislation. It must keep abreast of changes and advise its client of new requirements. ...It is the responsibility of the property manager to advise a board on its obligations under the legislation and to resign if the board demands that the manager violate the law. This is the standard of care required of every competent professional property manager.

A professional condominium property manager must be familiar with the requirements of all applicable legislation and must advise the board of directors of a condominium regarding its obligations under the condominium legislation. It must keep abreast of changes and advise its client of new requirements. ...It is the responsibility of the property manager to advise a board on its obligations under the legislation and to resign if the board demands that the manager violate the law. This is the standard of care required of every competent professional property manager.

slide4

Unit Owners

THE

  • COMPLY:

…with the Condominium Act, 1998, the declaration, the by-laws and the rules of the corporation.

  • CONTROL:

…all residents, tenants, invitees, guests, agents, employees, contractors, etc., who come to the property at any time and for any reason.

  • COOPERATE:

…with neighbours, other owners, the board and management.

  • CONTRIBUTE:

…including:

    • payment of common expenses;
    • participation in meetings;
    • volunteering as appropriate within the community.
slide5

The

Board

Unit Owners

THE

Management

Working together

Michael H. Clifton M.A., LL.B., ACCI (Law)