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Condo Q&A From The Star

By Gerry Hyman, Contributing Columnist

Fri., Oct. 18, 2019

Where in the Condominium Act do I find details about how to remove a director from our board?

Subsection 33(1) of the Condominium Act provides that a director may be removed before the expiration of his or her term by a vote at an owners’ meeting. The meeting must be requisitioned in accordance with section 46 of the act, and owners of more than 50 per cent of the units must vote to remove the director.

Section 46 outlines that an owners’ meeting may be requisitioned by at least 15 per cent of the units whose names appear as unit owners in the corporation’s records, and whose common expense contributions are not in arrears for more than 30 days.

My condominium has not had hot water for about a month. The board has stated that it would replace the cartridges in the faucets at the owners’ expense. Are the owners responsible for the cost? Can I reimburse myself by holding back my maintenance fees?

If the hot water problem is the result of the failure of the cartridges, you should take a look at the schedule to your condo corporation’s declaration that sets out the boundaries of the unit. An examination of the declaration and schedule could reveal that the faucets, and the cartridges, are not part of he common elements but are part of the units.

Declarations invariably provide that maintenance and repair of the units are the obligation of the unit owners. And, in that event, replacement of the cartridges will be your responsibility.

Even if the cartridges are part of the common elements, and their replacement is the obligation of the corporation, you are not entitled to withhold your common expense contribution if the corporation requires payment from you.


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