Module 1 Flashcards

(63 cards)

1
Q

Protecting Condo Owners act establishes

A

condo authority of Ontario and management authority of Ontario

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2
Q

Condo corps are made when the declarant

A

files a declaration and description to the land registry office

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3
Q

Declaration contains

A

Boundaries of each suite and owner’s share of common ele

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4
Q

Description contains

A

plans and surveys

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5
Q

Owners of a common el corp must own a

A

freehold parcel of land

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6
Q

Shared facilities agreement

A

should be used for a mixed-use property

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7
Q

Reserve fund study

A

determines how much money needs to be in the fund to ensure repairs in the future

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8
Q

Tribunal decisions can be appealed

A

on questions of law to the divisional court level

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9
Q

loss of owners right to vote

A

if they are 30 days past due on the common elements fee

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10
Q

If an owner does not pay common elements fee

A

condo corp can place a lien of the title of the unit plus interest & legal costs

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11
Q

Condo acts gives owners who hold at least 15% of the units the right

A

to call a meeting at any time

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12
Q

Condo disclosure statement contains

A

proposed first budget, condo declaration, bylaws, rules, condos proposed features and amenenties

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13
Q

Within 10 days of a condo being registered the builder is required to

A

appoint a board of directiors (first board - 3 ppl)

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14
Q

Goal of turnover meetings

A

transfer control of the condo corp from builder to the owners

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15
Q

Turnover meetings must be held

A

no more than 21 days following the transfer of control

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16
Q

Condo bylaws may protect directors

A

from exposure to liability & reimburse for legal fees

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17
Q

Reserve fund study is updated

A

every 3 yrs

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18
Q

W/i 6 months of being appointed directors must take

A

online training is finance and corporate proccesses

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19
Q

Must call a meeting before the later of the 30th day after declarant transfers 20% or 90 days after the first unit is transferred

A

First board

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20
Q

Responsible for drafting the corp’s bylaws and regulations

A

Developer

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21
Q

Bylaws and rules must be consistent with the

A

decleration and the condo act

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22
Q

Bylaws govern the

A

corp’s internal operations and management of property & assets

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23
Q

Rules focus on

A

promoting safety, security and welfare of others

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24
Q

Condo mangement regulatory authority of ontario has

A

a registry to verify management is still valid

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25
Insurance types for condo managers
fidelity (protects clients from the dishonesty of management) and errors and omissions
26
Periodic info certificates
sent twice per fiscal year, includes key info about a corp (board, finances, insurance, reserve fund)
27
info certificate updates
sent to owners w/i 30 days of key changes
28
New owner info certificates
sent to new owners within 30 days after they sent written notice
29
Has exclusive jurisdiction to resolve most disputes record retention and access
condominium authority tribunal
30
Licensed condo management must not be employed by
more than 1 management provider (must obtain written consent if not)
31
Required to hold insurance
condo management providers
32
if there is a change in the insurance of a condo management providers
must notify client w/i 15 days
33
establishes the legal structure of the corp
decleration
34
plans for the property as approved in the development app process
description
35
Name of a condo corp
based on location & a sequential number (includes corp's type (standard, common ele)
36
Maintains a public registry of corporations and all of their details
condo authority of ontairo
37
If an owner leases their unit they must
notify the corporation within 10 days (and provide all of the renter's info and lease agreement)
38
Required to keep a index of condo corps registered in their area
land registar
39
Act applies to an owner renting out their condo unit
residential tenancies act
40
Warranty coverage begins on
the date of possession and remains until the end of the warranty period
41
Warranty coverage begins on
the date of possession and remains until the end of possession and remains in effect if unit is sold (and warranty has not expired)
42
New Home Warranties Plan Act for Condos provides 7 year warranty for
major structural defects
43
Common elements are covered for the lesser of
$50,000 x # of units OR $2.5 mil
44
Conversion projects dont have this type of warranty
one year workmanship and materials warranty
45
May extend this date multiple times but must give 90 days noticed
outside occupancy date
46
Warranty of common elements of a condo begins on the date
of registration of the corp
47
lists rules and financial status of the corp, condo features & amenities, budget for first year after registration, rules and bylaws
Disclosure statement drafted by the builder
48
lists rules and financial status of the corp, condo features & amenities, budget for first year after registration
Disclosure statement drafted by the builder
49
Disclosure statements to new condos are what
status certificates are for resale condos
50
10-day cooling off period on applies to
purchase of new condo units
51
If the APS allows the builder to extend occupancy date, permits cap on adjustments fees, assignment agreements
should be reviewed during cooling off period
52
Period between occupancy and ownership
interim occupancy (buyers take occupancy before corp is registered)
53
paid during interim occupancy period (taxes, common expense contribution, etc) (similar to rent, do not go towards retiring a mortgage)
occupancy fees
54
pre-delivery inspection is prior to taking possession and is mandated by
the provincial warranty program
55
Mortgage funds can only be advanced to a buyer when that buyer
takes title to the condo unit (can only happen when the condo corp is registered)
56
Agreement that's purpose is to hand over contractual rights and responsibilities of the original contract while protecting legal rights of s&b
assignment agreement
57
Ownership of a unit cannot pass to a buyer untill the condo is
registered and the title is transferred
58
Risks associated with assigning an agreement
- May not qualify for financing | - May not be eligible for at HST rebate
59
HST for pre-construction condos
included in purchase price
60
Taxes paid on closer
provinical land transfer tax (+municipal if in toronto)
61
Who pays land transfer tax on a pre-construction assignment
assignee
62
Leasehold condo
cannot be less than 40 years or longer than 99 years
63
Assignor will owe
capital gains