Owner wants to know the on-site manager’s responsibilities

D.P. writes:                                    

Dear Paul: We have at our condo an on-site manager employed by our property manager. We do not know what his duties are. In requesting, from the property manager, a list of his duties we were told they would not tell us. We pay for his services through our condo fees. Are we entitled to know what his duties are?

Paul replies:

Dear D. P.: I am sorry to hear that you are treated in this manner by your property manager (PM). In my opinion, this is a legitimate request. You did not mention if you were a board member or not. If you are a board member, I would find this reaction from your PM disturbing. I would insist that the board receive a copy of the on-site manager’s responsibilities. If you are not a board member, I would suggest the following approach: ask your board for the property manager’s job description. If you meet with resistance from the board, then ask to see the agreement that your condo corporation has with the management company. Under the Condominium Act, an owner is entitled to examine any corporation record, which includes the contract with the PM.

Condominium corporation must provide copies

132(1)      Upon request, a condominium corporation must, within a reasonable time, provide copies of its records to a unit owner, unit mortgagee, buyer or prospective buyer or an agent of any of them for examination. The corporation may charge a reasonable fee for labour and copying charges.

Exception

132(2)      Subsection (1) does not apply to the following records:

(a) records relating to the employees of the condominium corporation, other than records about an employee’s job classification, salary range, benefits, responsibilities or expense accounts;

(b) records relating to any insurance investigation involving the condominium corporation;

(c) records relating to any court action or proceeding or contemplated court action or proceeding involving the condominium corporation;

(d) records relating to a specific unit or unit owner, unless the request is made by or on behalf of that owner or a mortgagee of that owner’s unit;

(e) any prescribed records.

I can think of two reasons why the board or the PM may not want to provide you with a copy of the on-site manager’s responsibilities. The first being that the on-site manager is not an employee of the corporation, but an employee of the PM company. The second is the fear that you will approach the manager directly with complaints about their performance.  I agree that you should not, as an owner, address the on-site manager’s performance or conduct directly. The fact that you pay part of the PM contract through your monthly condo fees does not make you the on-site manager’s supervisor. You need to bring your concerns to the board’s attention. The board would then deal with the PM company to resolve any issues. Thanks for the question.

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