Hi,

Will be great if someone could advise this.

The condo management committee recently decided on their own to set fees for facility like gym, pool. Is that really possible that such a decision can be made by a small group? No vote was taken - was a bit unfair i thought.

Anyone with some understanding on this?

This is possible -but only if it is directly referred to in the Rules and Regs

Section 46 of the Condo Act refers to it.

If it is not in the Regs then it can not be done.

To change the regs requires 50% of total co owner vote at a general meeting

Generally speaking anything which requires money increases payments etc would need Co-owner approval in a General Meeting.

However you should check your regulations of your condominium. Some condominium regulations empower the Committee to do quite a lot including amending/introducing regulations. They may be taking the view that the regulations sought of allow them to do it and may be pushing the boundaries etc into a grayish area of the law, and are hoping they are not challenged on it.

"To change the regs requires 50% of total co owner vote at a general meeting"

Too, if the meeting has fewer than 50% of the units represented, the condo management can call an "extraordinary" meeting with the next 15 days, and then only

33 1/3% need to approve the motion.

First thing to do is get a copy of your condo rules/regulations this will tell you how things should be run and by whome

other information from the Condominium act 2008(4)

Does the money from these services go to the condominium Funds or some one else?

where is your Condominium?

When you bought your condo you automatically purchased "common property" (swimming pool, hallways, fitness room, tennis courts, etc.) as well as taking on the expense in your CAM fees for the maintenance of these things. In other words: they belong to you and the other owners. No committee or other branch of administration is entitled to charge you for usage of what is already yours.

If someone wants to increase condo funds in this manner, they are required to put the matter to a General Meeting and achieve at least a 50% majority vote of All owners. I believe this is one of the exceptions in the Condo Act which does not allow a smaller percentage of votes in an EGM or "second call" meeting.

When you bought your condo you automatically purchased "common property" (swimming pool, hallways, fitness room, tennis courts, etc.) as well as taking on the expense in your CAM fees for the maintenance of these things. In other words: they belong to you and the other owners. No committee or other branch of administration is entitled to charge you for usage of what is already yours.

If someone wants to increase condo funds in this manner, they are required to put the matter to a General Meeting and achieve at least a 50% majority vote of All owners. I believe this is one of the exceptions in the Condo Act which does not allow a smaller percentage of votes in an EGM or "second call" meeting.

It does allow it to be approved in the 2nd meeting at not less than 1/3rd, if the agenda could not be considered in the first meeting. I dont believe there are any exceptions to this made in the Act.

When you bought your condo you automatically purchased "common property" (swimming pool, hallways, fitness room, tennis courts, etc.) as well as taking on the expense in your CAM fees for the maintenance of these things. In other words: they belong to you and the other owners. No committee or other branch of administration is entitled to charge you for usage of what is already yours.

If someone wants to increase condo funds in this manner, they are required to put the matter to a General Meeting and achieve at least a 50% majority vote of All owners. I believe this is one of the exceptions in the Condo Act which does not allow a smaller percentage of votes in an EGM or "second call" meeting.

It does allow it to be approved in the 2nd meeting at not less than 1/3rd, if the agenda could not be considered in the first meeting. I dont believe there are any exceptions to this made in the Act.

The rules with reference to a 2^nd meeting (when a 50% vote is not achieved at the 1st meeting) is covered in section 48 of the Condo Act –JPEG attached

My reading is that if the total attendance of the 1^st meeting is less than 50% of total vote –then a 2^nd meeting can take place within 15 days after this 1^st meeting.

At this 2^nd meeting the winning vote need only be 1/3^rd of total vote.

This arrangement covers all the 7 topics listed in Section 48

When you bought your condo you automatically purchased "common property" (swimming pool, hallways, fitness room, tennis courts, etc.) as well as taking on the expense in your CAM fees for the maintenance of these things. In other words: they belong to you and the other owners. No committee or other branch of administration is entitled to charge you for usage of what is already yours.

If someone wants to increase condo funds in this manner, they are required to put the matter to a General Meeting and achieve at least a 50% majority vote of All owners. I believe this is one of the exceptions in the Condo Act which does not allow a smaller percentage of votes in an EGM or "second call" meeting.

It does allow it to be approved in the 2nd meeting at not less than 1/3rd, if the agenda could not be considered in the first meeting. I dont believe there are any exceptions to this made in the Act.

The rules with reference to a 2^nd meeting (when a 50% vote is not achieved at the 1st meeting) is covered in section 48 of the Condo Act –JPEG attached

My reading is that if the total attendance of the 1^st meeting is less than 50% of total vote –then a 2^nd meeting can take place within 15 days after this 1^st meeting.

At this 2^nd meeting the winning vote need only be 1/3^rd of total vote.

This arrangement covers all the 7 topics listed in Section 48

SECTION 48 -RESOLUTIONS REQUIRING 50% VOTE.jpg

I agree, that is why i said that there was no exception to this which Ripley alluded to.