Who is responsible for my fan coil repairs?
Many owners are surprised to hear that they are responsible for the repair and maintenance of their HVAC equipment. While buildings perform annual or semi annual cleaning and filter changes this is not because they have to. But rather for the common good. Back ups in drain pans can and do affect multiple suites and common areas. Now there are a small percentage of buildings that the corporation owns and takes responsibility of the HVAC equipment. It is important to understand the specific documents that outline these responsibilities.
DECLARATION AND DESCRIPTION
A condominium must be registered in order to come within the jurisdiction of the Condominium Act. In order to do so, it must register a declaration and description. The declaration and description can only be changed if over 80% of the owners agree to this change.
A declaration sets out various matters of condo ownership and should contain:
the common interests of each particular unit,
a list of the exclusive use common elements for particular condo units,
a list of the common elements, as well as
a statement of the shared common expenses for the common elements.
The schedules to the declaration must include, among other things:
a legal description of the land,
the boundaries of each condo unit,
any specifics regarding unit boundaries, as well as
the consent of those holding mortgages on the property at the time the declaration is registered.
A description is the survey plans and architectural plans of the building along with an architect’s certificate.
WHAT IS A DISCLOSURE STATEMENT?
A disclosure statement is a document compiled by a developer that tells purchasers important information about the newly built condos. It provides information about the future or existing condo property, and about the corporation, such as:
the corporation’s first-year budget,
the proposed or actual declaration, and
the by-laws and rules
BY-LAWS AND RULES
Matters that may be the subject of by-laws are specified in the Condominium Act. By-laws are passed by the board of directors. They are important for the administration of the condominium corporation and the management of the condominium building. For example, by-laws may restrict the use of common use elements by non-residents. There are also matters that are beyond the scope of the board, which if included in by-laws, may be challenged, even in court.
Rules are passed by a resolution of the Board and must comply with the Act, the declaration and the by-laws. A rule must be ‘reasonable’ and must be for the safety and security of unit owners and the corporation’s assets. In this regard, a rule may be instituted to prevent some interference with the use of the common element, or to ensure the continued enjoyment of the common elements. A Board may create or repeal a rule, however, if there has been an amendment to a rule, or a rule has been repealed, a board cannot pass a rule with the same purpose, within two years. Additional information can be obtained from the Government of Ontario, and from the Condominium Authority of Ontario.