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CCI Admin
KeymasterLook at the condo act, it gives the board the ability to evict tenants/renters and owners.
CCI Admin
KeymasterThanks Brian. YES! We have been documenting. We even have some video evidence of improprieties. Our bylaws are a joke. But I am checking the ACT out.
I appreciate your input.
CCI Admin
KeymasterI hope you have followed the first three rules that come into play in these types of matters.
1 DOCUMENT
2. DOCUMENT
3. DOCUMENT
Otherwise you probably don’t have much of a hope of achieving anything acceptable.
If on the other hand you have completely documented all meetings, observations, correspondence, etc. the you may have a good chance of eviction. Follow the ACT, the REGS, and your bylaws for guidance on how to evict. Good luck.CCI Admin
KeymasterThere are multiple approaches to Real Estate Associate access to a building. The Owner has the right to list and show their unit to prospective purchasers. The Board should not interfere with the process, however for building security, it is possible that the Board can put in some guidelines, but the cannot be so restrictive that they would hinder the sale of a unit. I would think that the Owner should be able to provide access to the building for a prospective purchaser to view the suite
The Real Estate Associate should check with the Property Manager to find out where they are permitted to put their lock box and if there are any other guidelines that are in place.
CCI Admin
KeymasterI have had the same policy for 10 yrs. Checked 2 months ago with the broker and had the ‘deductible liability’ increased to #50K. Seems to be a standard clause; cost less than $5.
My insurer is Wawanesa.CCI Admin
KeymasterOK, so now, reading the “Current as of January 1, 2020” Office Consolidation of the CPA, do I now have to go through it and strike out all the items contained in the “Not in force provisions only current as of January 1, 2020” document? Or were they removed already in the Office Consolidation of Act of the same date (RSA 2000, C. C-22)? Can I rely on the Office Consolidation to be complete?
CCI Admin
KeymasterGotcha. Thanks.
February 18, 2020 at 10:36 am in reply to: CPA and Regulations – What has NOT been Proclaimed? #6504CCI Admin
KeymasterYou can find the document Condominium Property Act (remaining unproclaimed secitons as of January 1, 2020) in the CCI Resource Centre under Public Resources in the Legislation folder which is located in the Public Information folder here – http://www.ccinorthalberta.com.
CCI Admin
KeymasterThat’s a good question that we are trying to get to the bottom of. The Act says “subject to the regulations”, minimum 7 days. The newest version of the regulations as of January 1, 2020 still has the clause requiring the 60 day notice with all the added requirements of soliciting agenda items from owners etc. It’s a bit confusing.
CCI Admin
KeymasterI doubt that there are any provisions for “suspending” a board member. Either you are a member or you are not. I believe you must disqualify and remove the offending member from the Board; and then the Board should appoint a replacement to finish out the term of office.
Alternatively, if the bylaws permit the Board to be short a member, then the Board may wait until 30 days after the account is current and then appoint the individual to the Board. This may have changed in the new regulations, so double check this.
CCI Admin
Keymasterto expand on the question – can an owner offer to purchase a unit from a board member? Can an owner offer to purchase from another owner? Why would there be a restriction in any case?
CCI Admin
KeymasterYes, our unit factors were established years ago and are not logical for fee assessments. Over 15 years ago, Owners adopted fee assessments based on square footage of units, using 3 groupings. This has been used since and is outlined in our bylaws.
CCI Admin
KeymasterRandy,
I have not seen expenses assigned in any other way other than Unit Factors. 39(1)(c) of the Act allows that IF your bylaws allow it.CCI Admin
KeymasterHello Kelly, I represent a company (CK Condominium Consultants Ltd.) that specializes in construction management of various projects for condominium corporations. If you wish to discuss your specific issues please contact me.
Graham Setterlund, (780 905 9995), graset@telus.netCCI Admin
KeymasterHi Kelly, have you received any response on your question? Our building is a 10 story built in 1980 and is experiencing kitchen backups (main stack) and I am interested in feedback on your experiences.
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