Developer Turnover

Within 30 days of registering a condominium plan, a developer must appoint an interim board. The Land Titles Office files the names and addresses of interim board members. An interim board holds office until the election of the first board. Interim board members must follow standards of conduct in running the condominium corporation, including:

• Act honestly and in good faith with the best interests of the corporation
• Exercise care, diligence and skill that a reasonable person in similar circumstances would do
• Avoid conflict of interest
• Make reasonable efforts to pursue remedies or claims under warranties or insurance policies in connection with the corporation’s property

A developer or interim board arranging a reserve fund study before a first board is elected must use an independent reserve fund study provider (a provider who is at “arm’s length”).

The developer has 90 days from the issuance date of the certificates of title to units (representing 25% of unit factors –so, once 25% of the units are sold) to hold a meeting of the owners to to elect an owner to the interim board. Owners can hold the meeting if the developer does not do so within this time period.

The elected interim board member does not have the power to vote on anything before the interim board. If the elected interim board member stops being on the interim board, then the developer has 30 days to convene another meeting of the owners to elect a new interim board member.

When registering a condominium plan, the developer has 90 days from the issuance date of the certificates of title to units (representing 50% of unit factors –so, once 50% of the units are sold) to hold a meeting to elect the first board. This meeting is also known as a “turnover meeting”). An owner can hold the meeting if the developer does not do so within this time period.

At the meeting to elect first board, there are a number of documents that the developer and interim board must provide at no charge to the corporation such as:

• Warranties and guarantees on the corporation’s property
• Structural and electrical working drawings and specifications
• Agreements to which the corporation is a party
• Certificates, approvals and permits
• Building assessment report or converted property study (for conversions)
• Any reserve fund report
• Any technical analysis of the units, real and personal property of the corporation or common property (where a converted property study is not required)
• Resolutions
• Minutes
• Other interim board records and documents

Once the first board is elected, the developer or interim board must also provide additional information and documents to the elected board such as:

• Copies of documents or orders as required under other legislation (e.g., Safety Codes Act, New Home Buyer Protection Act)
• Copies of technical documents regarding the condo corporation’s property (e.g., manuals, records of service/repair)
• Copy of the condo plan and redivision plan
• List of interim board members
• Information on owners, mortgagees and tenants
• Copy of any rules made by the board
• Copy of an unsatisfied court judgment or proceedings where the corporation is a party
• Copy of legal or other professional advice
• Copies of any proposed budget, financial statements or tax records
• Copies of records relating to the corporation’s financial institution account holding its funds (e.g., reserve fund and operating funds)
• Copies of legal instruments relating to the corporation’s property (e.g., exclusive possession lease, restrictive covenants, caveats registered against units)
• Copy of the corporation’s insurance policies and certificates
• Copy of any standard insurable unit description (if the first board is elected on or after January 1, 2020)
• A converted property study or building assessment report (for conversion units)

  See section 16.1(1) of the Condominium Property Act and section 20.2(1) of the Condominium Property Regulation for a detailed list of information and documents that a developer or interim board must provide at a meeting to elect first board and to the first elected board.