Can my Ontario condo board charge a special assessment and how much notice must I get?

Yes, a condo board can generally levy a special assessment through the common expense fees without owner approval. Your governing documents may contain provisions about special assessments, so read your declaration and by-laws.

Your share is worked out using the same percentage as your common expense fees. The declaration sets that percentage; a 5% share of a $1,000 monthly common expense budget is $50. Common expense fees pay for maintaining the common elements, cleaning, building maintenance, condo management and reserve fund contributions. The reserve fund is an account a condo corporation keeps only for major repairs and replacements. If an assessment goes unpaid, the corporation gets a lien on your unit covering the unpaid amount, interest and all reasonable legal costs of collecting it.

How much notice you must receive depends on your governing documents and the facts, and a lawyer can confirm it for your building. To question an assessment, start by asking the board for its reasons and the report or quote behind it. Owners holding at least 15% of the voting units can also requisition an owners' meeting in writing on stated topics. Tenants cannot sign a requisition, and neither can owners who are 30 days or more in arrears.