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Buying a Condo? Questions You Need to Ask About Reserve Funds

Buying a condo doesn’t have to be intimidating. You just need to know the right questions to ask. 

What’s a reserve fund anyway?

Good question. Reserve funds cover non-routine repairs or replacement items for common areas like parkades or lobbies. They’re used to repair faulty HVAC systems, replace aging roofs or install new swimming pool liners. Day-to-day maintenance like shampooing lobby carpets or repairing the front door security system come out of the building’s operating funds, paid for by your common element fees.

I heard it’s a rainy day fund.

Something like that. Condo corporations hold back reserve funds the same way you might save for new siding for a single family home. By law, condo corporations are required to hire specialists to calculate how much is needed for future major renovations or repairs.

See how hiring professional home inspectors makes a difference.

So what happens to the money in the reserve fund?

It’s usually separated from the annual operating account and invested. Most condominium corporations pick safe vehicles, like GICs or government bonds that don’t put the fund at high risk. 

Does my money get refunded if I leave?

No, the fund belongs to the condominium corporation. Owners can neither opt out nor get their money back. Like painting your home, it’s part of being a condo owner.

What will it cost me?

All condo owners contribute to the reserve fund through common element fees. By law, the Ontario Condominium Act, at least 10% of your condo’s operating budget goes into the reserve fund. 

That’s not too bad. Is that all?

Not quite. Condominium corporations are required to carry out a reserve fund study. Most do an initial study and updates every three to five years. You could pay special assessments or strata fee increases if costly building problems are uncovered.

Isn’t that covered by Tarion?

You mean your Ontario New Home Warranties Plan. Tarion covers structural problems caused by Ontario Building Code violations or defective workmanship or materials that make your unit uninhabitable. Provided your unit is still under warranty.

Explain the reserve fund study to me.

First, it’s mandatory and typically done by a professional engineer or appraiser. Reserve fund studies include physical assessments and financial plans. They apply to shared elements like HVACs or elements in every unit, like balconies. Expect yours to outline:

  • what needs repairing or replacing
  • what it will cost yearly
  • when it’s needed
  • and whether reserve funds are sufficient or should be increased.

Make new home purchases conditional until your inspection is complete.

Are reserve studies accurate?

As much as they can be. Building components may wear out quicker than expected. For example, if the builder skimped on the waterproofing underneath exterior siding, you could wind up paying for repairs sooner than planned for. You could face extra assessments if that happens.

Do I get a copy?

Owners usually get a copy with the building’s annual budget. But if you don’t, here’s what you need to know. Condo directors have 120 days to accept the study or propose alternatives. It’s circulated to owners 15 days after adoption and the board has up to 30 days to act on it after that.

What if owners can’t afford repairs or upgrades?

The engineer or appraiser who does the study proposes how to fund the work. A small condo might put 10% a year aside so that, over time, it can afford the needed repairs and upgrades.

Could you live in a life lease vs condo?

How do I get a copy if I’m not an owner?

You ask for a condominium status certificate. Certificates can be ordered from condo managers. They include the reserve fund study and schedule.

Why do I need a status certificate?

To check if the owner has paid their common expenses fees, what insurance the building has and if any special assessments have been levied. The certificate has minutes of the last AGM — it’s among documents your lawyer needs when you buy a condo. The condo declaration, bylaws and rules are included. You can also find out about litigation that could increase the condo’s operating expenses and your fees.

What is the insurance binder for a new condominium?

It confirms you have been approved for fire insurance. Fire insurance for condos is mandatory in Ontario. The “binder” is proof of insurance while your policy is being issued.  

Can I complain if repairs aren’t made?

You can complain about reserve funds disputes to the Condominium Authority of Ontario  The online Condominium Authority Tribunal (CAT) deals with concerns that a condo corporation is not keeping common building elements in satisfactory condition. 

What if the condo manager isn’t doing their job?

That’s a Condominium Management Services Act matter. Condo managers and management companies have rules to follow. First read this. Next, work with your condo corporation board or other owners to try to resolve your complaint. If that doesn’t work, mediation, arbitration or lastly, legal action may be appropriate.

Do condo boards have to create a reserve fund?

Owners may be able to sue if they don’t. Your property may go down in value and you may be unable to sell your unit in future if repairs and upgrades aren’t made. 

Take, for example, concrete balcony slabs. While you’re turning on your air conditioner inside, the sun is baking your balcony floor outside. That mixture of cold and hot air causes moisture to form where the slab joins the building. Someone has to pay to keep your building dry. That’s where the reserve fund comes in. 

Axess Law refers owners for legal advice if their condominium corporation is not taking necessary steps to fund repairs.

See how a construction lien could affect your property.

What do you mean by legal action?

When owners sue the condominium corporation, such as for a fall. Or not maintaining the building by failing to use “due diligence”. (Boards have directors’ liability insurance but it may not cover negligence.) Or if the corporation sues contractors for shoddy workmanship. Owners can be responsible for legal costs through special assessments. 

Axess Law refers you to trusted condominium lawyers in Toronto, Greater Toronto Area or Ottawa if you are facing costly or ongoing lawsuits.

Book Appointment Onlines or By Phone Today

When you need a real estate lawyer in Ontario, Axess Law has lawyers near you who can video conference online anywhere you are. Our flat fee legal rates start at $999.99 and up plus HST to buy a condo or $799.99 and up plus HST for sellers.

Arrange in person appointments using our easy online booking form. It takes minutes to arrange. Axess Law offices in Ottawa or Greater Toronto Area are open 7 days a week, with onsite parking and easy transit access.

Or make day or evening appointments to video conference online. Our remote, secure video call software takes the stress out of getting to a real estate lawyer in Toronto or anywhere you are in  Ontario. We make it easy to meet in your home or office, at hours convenient for you. 

Dial our 1-647-479-0118 lawyer line (toll free to 1-877-402-4207) or just book online.

Testimonials

It was a pleasure working with Patricia from Axess Law. It was my first time purchasing a home, and was very nervous about every step in the process. I called and emailed Patricia several times with the silliest questions. She answered them all promptly, and provided the best customer service I could ask for. I would recommend Axess Law and particularly Patricia to everyone.

c Cindy Tran

In the past I had to make appointments and waited for days to see a lawyer. Now conveniently this office is at my neighborhood supermarket. I was able to walk in and get my documents signed in less than 30 minutes The staff are courteous and professional. I would recommend anyone. Prompt service.

Joy Stewart Joy Stewart

I am writing this review on behalf of my daughter who completed her first Real Estate condo transaction with AxessLaw. Besides just helping my daughter as a client, they helped her understand every single step involved in the process and the whole process was completed without any problems. I would recommend them to anyone looking for hassle free real estate transaction without thinking twice.

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