Charis Posted February 12, 2014 Share Posted February 12, 2014 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? Link to comment Share on other sites More sharing options...
Delight Posted February 12, 2014 Share Posted February 12, 2014 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 Link to comment Share on other sites More sharing options...
smutcakes Posted February 12, 2014 Share Posted February 12, 2014 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. Link to comment Share on other sites More sharing options...
hhgz Posted February 12, 2014 Share Posted February 12, 2014 "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. Link to comment Share on other sites More sharing options...
condocondo Posted February 12, 2014 Share Posted February 12, 2014 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? Link to comment Share on other sites More sharing options...
ripley Posted February 13, 2014 Share Posted February 13, 2014 (edited) 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. Edited February 13, 2014 by ripley Link to comment Share on other sites More sharing options...
smutcakes Posted February 13, 2014 Share Posted February 13, 2014 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. Link to comment Share on other sites More sharing options...
Delight Posted February 13, 2014 Share Posted February 13, 2014 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 2nd 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 1st meeting is less than 50% of total vote –then a 2nd meeting can take place within 15 days after this 1st meeting. At this 2nd meeting the winning vote need only be 1/3rd of total vote. This arrangement covers all the 7 topics listed in Section 48 Link to comment Share on other sites More sharing options...
smutcakes Posted February 16, 2014 Share Posted February 16, 2014 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 2nd 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 1st meeting is less than 50% of total vote –then a 2nd meeting can take place within 15 days after this 1st meeting. At this 2nd meeting the winning vote need only be 1/3rd 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. Link to comment Share on other sites More sharing options...
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