The Condominium Board is a group of individuals who are elected at the Annual General Meeting by the owners to run the day to day operations of the condominium corporation.
The condominium corporation is comprised of all the unit owners and is created when a condo plan is registered at the land registry.
Being a condo board member is a big responsibility. The role of the board is to carry out the duties according to the Condominium Property Act, The Regulation and the Bylaws.
In most cases, the condo board will appoint a condo management company or condo manager to manage the day to day operations of the corporation. When this happens the condo board provides governance – which means that it oversees that the management company is carrying out the functions agreed by the corporation and working within the directions of the Condominium Property Act, Regulations and Bylaws.
Sometimes the condo board will take on the management role, this is referred to as a self-managed community. The important thing to remember is that the administration and the daily operations of the condominium corporation are being handled, the board is ultimately responsible for the decisions and actions carried out in its name.
A typical condo board will consist of three – seven members. Your bylaws will identify if a representative of a unit owner is intitled to sit on the board. Some members depending on how the bylaws were written do not have to be on title to sit on the board, however they must represent a unit owner and be voted on by the corporation at the Annual General Meeting. A resident may fill the role of a casual vacancy until the next AGM should the board allow but must be voted on at the next AGM.
28.1(1) of the Condominium Property Act identifies that a person ceases to be a member of the board if the member
(a) becomes a bankrupt as defined in the Bankruptcy and Insolvency Act (Canada),
(b) is more than 60 days in arrears in payment of any contribution required to be made by the member as an owner,
(c) is more than 60 days in default of a judgment by a court of any money owing to the corporation,
(d) is or becomes a represented adult as defined in the Adult Guardianship and Trusteeship Act,
(e) is convicted of an indictable offence for which the member is liable to imprisonment for a term of not less than 2 years,
(f) resigns the member’s office by serving notice in writing on the corporation, or
(g) is removed under subsection (2).
(2) A corporation may by ordinary resolution remove a member of the board before the expiration of the member’s term of office and appoint another individual in the member’s place to hold that office for the remainder of the term.
You don’t have to have any particular skills or background in order to become a Condo Board member, although many do. The important thing is that you have a duty to ‘act honestly and in good faith’ and to disregard your own self interests.
What are the condominium board member roles?
There are five key roles on the condominium board (President, Vice President, Treasurer, Secretary and Member at Large). Below is a description of each role.
President
The president will manage meetings and carry out responsibilities such as calling the meeting to order, announcing the agenda and making sure that order and decorum is maintained in meetings. The president should be able to move the meetings along in a way that maximises the available time by proposing questions, calling for votes and announcing the results, and enabling others to speak on the floor.
Should a vote come to a tie the president will be the one to break the tie.
Importantly, the President needs to have a strong understanding of legislation, governance and condominium bylaws.
Vice President
The Vice President will assume the presidential role when the president is unavailable. Responsibilities include maintaining order in meetings, the VP should also be a source of information about legislation and condo bylaws for residents. The VP is an important member of the board who often plays a supporting role but also has a major voice on the board in his or her own right.
Treasurer
The condo board treasurer handles all the information regarding finance. He or she will keep the accounts and oversee billings, collections and how any funds are spent. The treasurer should submit the annual audit if required by the bylaws or report on the associations finances at the AGM. The treasurer must ensure that all the associations’ funds are properly accounted for and that they conform at all times to legislation and bylaws.
Please note; all members should have a strong understanding of the corporation’s financial position.
Secretary
The secretary deals with all the administration and keeps things running smoothly. He or she will keep the minutes of the meeting, ensure that proper notice is given to residents of association meetings and pass on information regarding any measures that are to be carried out. The role of the secretary is to ensure that accurate records are kept and that everyone is kept informed of any developments.
Director at large
A director at large does not have a specific role on the condo board. Instead he or she acts as a liaison officer passing on information to the residents and the board. A director at large must attend all board meetings and actively participate in discussions and votes.
The Condo Board oversees the management of the property
In most cases a condominium board cannot manage the property and deal with everything that requires action. The board is not a full time job and is unpaid so calling a board meeting to discuss often trivial matters would not only be impossible, it would be too time consuming and nobody would ever volunteers for the role.
In some small condos with only a few units, the board members may take over property management duties but usually a condo manager is appointed to manage the property on a day to day basis. He or she will have the support of a property management company to ensure that everything runs seamlessly behind the scenes.
The role of the Condominium Manager
The property manager or condo manager is an agent who works on behalf of the board and the role will be defined in the management agreement signed by usually the board president and one other member of the board.
The property manager will handle everything from hiring and firing contractors who are carrying out work in the building to filing the condominium’s tax returns.
The condominium manager is also the person who responds to complaints from residents as well as informs the board which repairs and replacements should be made.
It is down to the property manager to ensure that safety measures such as Fire safety are fully adhered to and that any necessary certification is up to date. The property manager will handle all insurance documentation and the collection of any fees required by the board.
The property manager is fully accountable to the Condominium board and is required to attend residents meetings and board meetings.
The Condominium Board and the Condo manager (with support from a property management company) are both crucially important in maintaining and operating a successful condominium. This must be carried out in the way that suits the residents’ best interests as well as maintains the integrity of the condo building.
The Board of Directors are ultimately responsible for the corporation, the condominium manager should assist the board with the day to day activities and provide solutions and guidance to the board.
