阿尔伯塔省已宣布计划于明年生效的Condo管理新规定,包括有关meeting的规则以及保险和租赁押金的要求。
这些规定于本月早些时候已经获得内阁批准,大部分将于7月1日生效,其余部分将于2020年1月1日生效。
新规将改善围绕会议的规定,例如
- 对于general meetings,要求更多的notice:
- 修改投票规则,旨在让业主更有效地参与会议;
- 通过澄清必须向业主提供哪些文件,使业主更容易获取公寓文件;
- 当公寓公司发出bylaw罚款时,需要更公平的流程;为公寓业主的投资建立更多保护;加强储备资金reserve fund管理方式;
- 建立保险和租赁押金的新要求。
许多公寓业主希望了解有关其投资管理以及如何改善共管公寓社区的更多细节。从历史上看,许多公寓业主感到孤立和孤独,很难找到有关其公寓管理的信息或计划, 这些法规将基本解决这些问题。
公寓管理有很多灰色地带。例如,围绕保险的一些领域,单位所有者被迫购买保险,但这些规定更进一步,它们规定了什么类型的保险以及董事会和公寓团队如何申请保险证明。
Ho' Ho' Hold the fees: new condo regs enforce caps on condo docs
by CREB on December 18, 2018
REALTORS® must have been on Santa’s “good” list because they just got a big gift: new condominium property regulations. The new regulations, which REALTORS® have lobbied for since the Condominium Property Amendment Act was passed in December 2014, see caps on fees charged for certain documents and clarifies what documents must be provided to owners for free.
“This is a big win for our advocacy efforts,” said Brad Mitchell, Alberta Real Estate Association (AREA) CEO. “If you’ll recall, we made a push through a member-driven email campaign back in the summer calling attention to how the proposed regulations on condo documents were still unfair to condo owners, buyers and sellers. Largely because of our efforts, government re-examined the regulations and this final outcome better reflects our position.”
The new condominium property regulations take effect July 1, 2019. Here are the highlights:
Fee caps on the prices condo corporations can charge owners, buyers, and mortgage companies for obtaining the condo documents needed to complete a purchase or sale.
$100 max. for an estoppel certificate
$10 max. for each document in section 20.57(1) of the Regulations - which includes the documents needed in AREA’s condo listing and purchase contracts
If a document is attached to or forms part of another document, a fee can only be charged for 1 document
If a 3-day (rush order) is requested, the corporation may charge up to $30 per document, provided that the document is provided within 3 days (excluding holidays)
Owners may make copies of their documents and provide copies to others
Clarifying what documents must be provided to owners, and when, for free:
The minutes from all board meetings held since the last AGM (before or when the AGM notice is sent)
The approved minutes, or draft minutes, of the AGM (within 30 days of AGM)
A copy of the notice filed at land titles reflecting the current composition of the board (within 30 days of AGM)
The results of a vote (within 30 days after the date on which votes must be received)
A copy of the annual budget (at least 30 days before the start of the fiscal year)
If revisions are made, a copy of the revised budget (as soon as possible)
Additional changes - most taking effect July 1, 2019 and the remainder on January 1, 2020:
New rules around meetings, such as requiring more notice to attend general meetings and getting topics on the agenda.
Better voting rules so owners can participate more effectively in meetings.
Fairer processes for issuing bylaw fines
Increased protections for condo owners’ investments
Strengthening how reserve funds are managed (July 1, 2019/January 1, 2020)
New requirements for insurance and rental deposits (January 1, 2010)
One further clarification AREA received was that any electronic provision of documents must be capable of indefinite retention (for example, if the manager provides a download link to electronic files for an AGM, that link cannot be removed or expired).