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Would anyone be interested in sharing Condo/Townhouse Home Owners Agreements?

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  • Sep 11th, 2020 9:22 am
[OP]
Sr. Member
User avatar
May 6, 2005
886 posts
26 upvotes

Would anyone be interested in sharing Condo/Townhouse Home Owners Agreements?

I"m a townhouse owner in Toronto, with a total of 25 other homeowners with the property I believe approaching 20 years +. I don't know how precise this classification is, but we are Freehold with Common Elements. We have to maintain our street and pay for snow plow, street lamps, insurance and other commonly owned areas (guest parking). However, the brick exterior, roofs, window, all non-commonly owned areas are the responsibility of the individual owner. We have a small Board (which I'm a part of) and annual meetings generally have very low turnout amongst the residents. We've kept fees constant and low for last 15 years (at $75 month).
One of the things I would like to do is update our Home Owners Agreement which was originally drafted 20 years ago and never updated to reflect current issues, or address how things have evolved with other similar townhome complexes. I'm very curious as to how other HOA agreements are currently drafted, what kinds of policies are in place, and how to best update our own agreement. Yes, we will ultimately require the services of a lawyer or a para-legal to finalize any updates, but I"m hoping if there are fellow RFDers here living with similar arrangements if there is an opportunity to share knowledge, insights, best practices, and even potentially policies themselves. Obviously I would want to ensure any kind of privacy rules are kept in place, and definitely willing to share how we do things on our street, but I think its our Board that needs to evolve. I would love to have a better understanding how other Boards deal with:
  • delinquents
  • guest parking
  • fee increases
  • criminal deterrents
  • governance
  • miscellaneous items
  • paralegal/lawyer service recommendations
  • Management/contractor recommendations
If anyone is so inclined, please reach out by PM and I can provide you with hopefully any assurance you need in order to feel comfortable with sharing details.

Thank you,
2 replies
Deal Expert
Jan 15, 2006
17011 posts
15627 upvotes
Richmond Hill
So you are a POTL freehold townhouse. Basically a condo without a condo as there is a registered corporation. From what I've seen with such a small group of owners usually just having a meeting and coming to a mutual agreement is usually enough. Owners are more inclined on saving money instead of spending it on legal fees. I recently sold a condo townhouse in a complex of 20 units and majority of the visitors parking was being used by owners. They had a meeting and came to a mutual agreement. This complex is 50 years old BTW and when I reviewed the status certificate it was never updated for a few decades LOL. Their last reserve fund study was from 15 years ago, but the reserve was healthy for the size of the complex.
[OP]
Sr. Member
User avatar
May 6, 2005
886 posts
26 upvotes
Thank you, that's a term that's been helpful in finding other meaningful articles.
I'd still like to learn from others in the same situation. We've had to resort to para-legal services for two owners this year for negligence towards paying for their maintenance fee shares. We have no enforceable policies on fair use of guest parking and no real protection from non-home owners using our street for parking. There's lots of subjects in which I would love to learn how others have handled these and other types of situations. We've recently had a number of homeowners feel they are entitled to reserve funds in dealing with pest control issues on their private property (squirrels/racoons nesting, rats sightings, etc). AirBnB did not exist when our policies were first drafted. Would love to know if any Boards have incorporated by-laws to address this situation.



EDIT: In hindsight, this probably should have posted under Real Estate. Would a mod be able to move?

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