The condominium board must carry out the condominium corporation’s duties according to any restrictions or directions given in an ordinary resolution. Any ordinary resolution that directs or restricts the corporation cannot go against the Condominium Property Act, the regulations or the bylaws. Sometimes a board will self-manage the business of the condo corporation, without the assistance of professional management. Sometimes a board will hire a condo manager or condo management company to handle the condominium corporation’s daily operations. However, the board is ultimately responsible for the decisions and actions that the professional management company carries out on its behalf.
The CPA applies to all condominium corporations and the board members who carry out its functions. Whether a condominium is self-managed or professionally managed does not change the application of the CPA – the CPA rules and regulations apply to all condominium corporations and their elected board members.
It is helpful to think of the board’s powers and duties as generally following under 6 areas– conduct, governance, finances, management, administration and meetings. Some of the board’s major powers and duties under the CPA include the following:
- Act honestly and in good faith.
- Exercise care, diligence and skill that a reasonable person would exercise in similar circumstances.
- Avoid conflict of interest by disclosing any conflict of interest to the board and not voting on any such matters.
- Abide by the law, including theCPA, regulations and the bylaws.
- Act fairly and consider the interests of others.
- Perform the powers and duties of the condominium corporation subject to the CPA and any bylaw restrictions.
- Enforce the condominium’s bylaws, and review and update the bylaws, as needed, by special resolution.
- Set and collect owners’ condominium contributions (fees).
- Prepare financial documents such as an annual budget, financial statements, and annual report and provide copies to all owners within the appropriate timeframe.
- Administer the reserve fund, complete a reserve fund study, report and reserve fund plan.
- Determine if a special assessment will be imposed on condominium owners.
- Manage and maintain the condominium’s real, personal, common and managed property, including hiring and supervising a property management company, if applicable.
- Keep the condominium’s property in good and serviceable repair.
- Comply with notices or orders by any municipal or public authority requiring repairs to the property.
- Have property insurance and liability insurance for the condo corporation and board members.
- Respond to written requests for documentation from owners, purchasers, or mortgagees, as per the Condominium Property Act (CPA).
Board members should check the CPA and their condominium’s registered bylaws for any additional powers that they or the condominium corporation may have. For example, some bylaws give the condominium corporations additional powers such as borrowing money and charging interest on unpaid condominium contributions.
Last updated: January 2018