Building Management and Board Meetings

    In many instances, especially with the larger complexes, the landlord will contract out much of the building management and maintenance tasks to another company that provides such services. These contracts are between the specific Life Lease Corporation and the service provider. Tenant representatives on the Corporation Board may influence the selection of a specific management or Maintenance Company but the Corporation Board has the authority to do it, not the tenants.

    This reality should not prevent tenants from participating in the decision making process when it comes to the maintenance of a building and the individual suites. This participation can occur through a Tenants' Council, committees or participation on the Corporation's Board of Directors. In some instances, Life Lease complexes have established other mechanism to communicate with Tenants on building maintenance needs.

    Smaller complexes may not use Management Companies but rather Tenants and Landlord representatives may act directly to hire maintenance staff or contract out maintenance requirements.

 

 

Annual Meetings

 

As per legislation the landlord shall hold meetings within the time permitted by Section 18(1). The landlord shall give notice of these meetings in accordance with Section 18(2). The landlord shall provide to the tenants the financial information set out in Sections 18(3)(a)(i), 18(3)(a)(iii), 18(3)(b) and (c). The landlord (or a trustee, when appointed) shall continue to provide this information pursuant to Section 18(4) in advannce of meetings. The landord shall assure that the appropriate party identified in Section 18(5) attends meetings.

 

The Life Leases Act

 

18(1) The landlord of a residential complex, shall call a meeting of the tenants not later than 16 months after the occupancy date of the complex and thereafter not later than six months after the end of each fiscal year of the landlord, or within such further time as the director under The Residential Tenancies Act allows,

 

18(2) The landlord shall give each tenant of the residential complex a written notice of the time and place of the meeting at least 30 days and not more than 50 days before the meeting.

 

Refund Fund

 

18(3)(a)(i) the amounts contributed to, and the amounts paid out of, the fund during the preceding fiscal year, showing separately the amounts psid out to tenants and the amounts paid out to the landlord,

 

18(3)(a)(iii) the amounts, if any, owing to former tenants of the residential complex;

 

Reserve Fund

 

18(3)(b) If the landlord is a non-profit landlord, a statement from the landlord setting out, in respect of any reserve fund maintained by it,

   (i) the mounts contributed to, and the amounts paid out of, the reserve fund during the preceding fiscal year,

   (ii) the balance in the reserve fund at the end of that year, and,

  (iii) an estamate of the amounts to be contribured to , and the amounts to be paid out of, the reserve fund during the current fiscal year;

 

18(4) The statement referred to in clause (3)(a) shall be made by a trustee appointed under subsection 19(2) or, if no such trutee has been appointed, by the landlord.

 

Owner representative to attend meeting

 

18(5) At least

(a) one director of the board of the owner of a residential complex that is owned by a corporation: or

(b) on authorized representative of owners holding a majority interest in a residential complex that is not owned by a corporation;

shall attend the annual meeting and report to the board or to the owners on any concerns or issues raised by tenants.

 

Operational Financial Statements

 

18(3)(c) if the rents charged by the landlord under the life leases are, for any tenant, a share of the costs of the residential complex as specified in the lease, including a contribution to any reserve fund or refund fund, for that tenant,

(i) a statement of the revenues and expenditures of the residential complex for the preceding fiscal year, and

(ii) a detailed budget for the current fiscal year;

 

Board Meetings

 

The landlord shall not hold board meetings without notifying the tenants' desiganted representatives in advance pursuant to Section 18.1(2). They shall furthermore provide these representatives with the materials mandated by Section 18.1(2). The landlord shall respect the rights of the tenants or their representatives to participate, as guaranteed by Section 18.1(3). The landlord shall also prvide the tenants with copies of the minutes after the meeting.

 

The Life Leases Act

 

Tenant Representation at Board Meetings

 

18.1(1) The tenants of a non-profit landlord may select one or two tenants, or a greater number if provided for in their life leases or the landlord's by-laws, and alternates, to represent them at meetings of the landlord's board of directors.

 

Notice of board meeting

 

18.1(2) The landlord shall give each tenant representative selected under subsection (1)

   (a) a copy of the landlord's by-laws; and

   (b) notice of the time and place of each board meeting, with the agenda for the meeting, at the same time and by the same method that notices and agendas are given to the directors.

 

Right to attend and be heard

 

18.1(3) A tenant representative, or his or her alternate, is entitled to place matters on the agenda for a board meeting and to attend and speak at the meeting, but this section does not give a tenant representative the right to vote.

 

Confidential matters

 

18.1(4) A landlord may restrict the rights of a tenant representative under subsection (3) to matters that do not involve personal indormation pertaining to individual tenants or to personnel of the landlord.

 

Board minutes

 

18.1(5) After each board meeting, the landlord must give each tenant representative a copy of the minutes of the meeting, not including any part of the minutes that contains personal information about a tenant or about personnel of the landlord, But this personal infornation may be provided to a tenant if the person the information is about consents.

 

Access to minutes

 

18.1(6) A tenant representative may give other tenants access to the minutes.

 

 

 

 

 

 

 

 

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