New condo developments toronto . How is it legal for property management to increase parking spaces, common expenses and keep keys? Our urban developer has passed a bylaw to amend the declaration of owners’ corporations.
According to the new bylaw, the developer has added 49 parking spaces in the housing estates and revised the proportion of common expenses shared by flat owners. The above changes are based on the premise that 90 per cent of the owners must vote before they can change the sharing of common expenses.
Amendments cannot be made by way of bylaws. Whether the statement of the owners’ corporation can be amended or not must be decided by the owners’ vote at the owners’ meeting. Changes to the property statement must be approved by at least 80% of the unit owners. In order to change the mode of sharing the common expenses of the sub-lease property corporation to the flat owners, at least 90% of the flat owners must vote for it.
The owner of our sub-lease has received a notice requiring us to provide the key to the flat to the property management company. However, the owners’ corporation already owns the master key (master key) of all the flats. Is it necessary to provide them with the key?
The requirement for the owner to provide the key cannot be made by the management company, but must be made by the owners’ committee in the form of a rule. The relevant rules must be reasonable, but if the corporation already has a master key, it does not seem reasonable to require the owner to provide the key.
If you fail to provide the key as required, the corporation may seek a court order, at which time you may have to plead in court that the rule is unreasonable and unenforceable. You may consider suggesting to the corporation that the rule is unenforceable. If the owners’ committee threatens to go to court, you may have to provide the key as required to avoid appearing in court.
When I buy a flat in a high-rise apartment building, I have to pay a special levy (special assessment) to cover the cost of replacing the windows of the building. May I ask whether the windows of the building belong to the “common element” (common element)? If so, should it be paid by the owners’ corporation instead of the owners?
Windows in high-rise buildings are indeed “common elements” and the cost of replacing damaged windows should be borne by the owners’ corporation unless the corporation declares that the cost of window maintenance will be borne by the owners in accordance with the latest amendment to the Sub-Lease property Law (Condominium Act).
If the cost of window maintenance is borne by the OC but the reserve funds are insufficient, the OC can impose a special levy and require the owners to bear the insufficient amount.