Statutory Requirements of a Condominium Plan
Definition & Purpose
A Condominium Plan is a legal document that:
Establishes unit boundaries and common property within a condominium development.
Assigns unit factors, which determine each owner’s share of common expenses and voting rights.
Defines exclusive possession areas, such as designated parking spaces or storage lockers.
Must comply with surveying and registration requirements set by the CPA.
According to the Condominium Property Act:
A condominium plan must include a drawing showing the boundaries of the units, the common property, and exclusive possession areas as required under the Act.
Responsibilities of Condominium Managers
Ensure that all relevant documents related to the condominium plan are properly registered.
Educate board members on the implications of unit factors and common property responsibilities.
Assist the board in ensuring compliance with CPA provisions regarding condominium plans.
Procedural Rules Governing Condominium Corporation Decision-Making
The Role of the Condominium Board
A condominium board is responsible for managing the affairs of the condominium corporation. This includes:
Holding meetings (e.g., annual general meetings, special general meetings).
Making financial decisions, such as setting budgets and collecting condo fees.
Enforcing bylaws and addressing bylaw infractions.
Decision-Making Process
Decisions must be made in accordance with the bylaws of the condominium corporation.
A quorum (minimum number of board members present) is required for official decisions.
Voting is conducted, and a majority decision is needed unless the bylaws specify otherwise.
The Condominium Property Act states:
"A board shall govern the conduct of the affairs of the corporation and may, subject to any restriction imposed by the corporation, exercise the powers of the corporation."
Responsibilities of Condominium Managers
Advise the board on proper decision-making processes.
Ensure that the board follows legal requirements when holding meetings and making decisions.
Help draft meeting agendas and minutes to ensure procedural compliance.
Condominium Manager Practices for CPA Compliance & Strategic Focus
Duties of a Licensed Condominium Manager
A condominium manager ensures the condominium corporation:
Complies with the Condominium Property Act and its regulations.
Understands and follows the corporation’s bylaws and rules.
Makes informed decisions based on financial, legal, and operational best practices.
Key Compliance Areas
Record-Keeping: Managers must maintain accurate financial records, meeting minutes, and official documents.
Bylaw Enforcement: Managers must ensure that unit owners and tenants comply with condominium bylaws.
Conflict of Interest Disclosure: Managers must disclose any potential conflict of interest in writing to the board.
According to the Real Estate Act Rules:
A condominium manager must act in the best interests of the condominium corporation and ensure compliance with the Condominium Property Act and its regulations.
Responsibilities of Condominium Managers
Provide ongoing education to the board regarding CPA compliance.
Assist the board with long-term strategic planning.
Help enforce bylaws while ensuring fairness and transparency.
