The power of the board
Board meetings are usually held monthly and in private. Unless the
board grants permission, an owner is not permitted to attend the
meetings. However an owner can ask to examine the minutes of previous
meetings.
With the exception of the auditor, the board has the power to hire and
fire any and all contractors and professionals who provide services for
the corporation.
The board approves all contracts with all contractors that provide
services
and materials to the corporation.
The board sets the annual budget and determines the common element fees.
The board has the power to raise the common element fees (taxes)
without prior notice or consultation with the owners. Likewise, the
board can pass a motion to raise a special assessment. A special
assessment is a one-time tax levied on the owners to raise money to pay
for certain expenditures.
The owners are usually informed of the fee increases and any special
assessments by regular mail.
The board has a duty to collect the monthly common expenses from the
owners. When an owner is in arrears, the board needs to insure that the
management company collects the arrears in time or a lien is placed on
the owner’s unit.
The board can suggest amendments or additions to the corporation
by-laws. The owners must ratify these changes. The board may also make
additions or amendments to the corporation’s rules. Changes to these
rules are mailed to the owners. Unless at least 15% of all the owners
sign a requisition calling for a special meeting to discuss and vote on
the changes to the rules, they are adopted.
The board is responsible to enforce the Condominium Act, the
declaration, the by-laws and the rules. The board may take owners who
violate the above to mediation, arbitration or court to seek compliance
and the corporation’s
legal costs.
In extreme cases, if there is a very unruly owner, the board may take
that owner to court to obtain a peace bond or even to obtain court
orders demanding that the owner vacate and sell their unit.
The board sets the agenda for the Annual General Meetings.
As you can see, the board has tremendous power, including taxation,
obtaining compliance with the by-laws and rules and,
in extreme cases, exile, over the residents and owners of the
condominium community.
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