购买CONDO,如何读懂大楼物业管理报告

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依据法律: 《加拿大共管法》

Condominium Act,1998

STATUSCERTIFICATE

(Under subsection 76 (1) of the Condominium Act, 1998)

范本解析:

第一部分 

通常是介绍大楼物业共管公司的成立和组成, 建议新业主保留您的大楼物业管理报告,如果您临时外出,需要联系物业管理公司, 电话地址少不得是常常需要的重要信息。

第二部分 

会解释物业管理费的组成和就标的物业是否欠缴物业管理费的记录

首先给出了标的物业在加拿大安大略省土地管理局的法律描述和注册登记管辖。

注明该标的物业的现有业主是否有拖欠物业管理费。

注明下一次物业管理费的支付日期:物业管理费通常是每月1号自动转账支付, 所以如果您需要在过户登记拿到钥匙后记得尽快去大楼物业管理处报到( 登记您的家庭信息表,亲友来访可以在物业管理系统中查到名字方便进出; 以及提供您的VOID个人支票用于以后的自动转账支付物业管理费。 报到的时候记得带着您的个人支票本方便提供支票(2张就可以了) )

第三部分

大楼共管公司预算报告介绍

大楼预算报告通常会披露大楼目前的共管储备金是否充沛, 大楼预期会有哪些重大的支出计划,关系到每一个单位的物业管理费是否有特别征收项目。

 

管理报告中会写明:

1.     大楼预期的下一次审计工作会在某年某月

2.     大楼物业是否会有特别征收项目:非常规支付项目:比如年久失修的电梯或更换地板, 或者其他经年磨损的需要修复修缮项目。

3.     大楼共管基金的总额。 如果大楼物业共管储备金充沛,大楼的日常管理维护经费充沛,新老业主不用过于担心会有特别征收管理费项目。

Budget

9. The budget of the Corporation for the current fiscal year is accurate. However, the Corporation cannot accurately determine, at this time, whether the budget will result in a surplus or a deficit as it has no control over any, as yet, unannounced increases in utility rates, increased labour and material costs, and any other cost factors which are beyond the normal budgetary controls of the Corporation, including any costs which might impact on the budget as a result of complying with the provisions of the new condominium legislation.

10. Since the date of the budget of the Corporation for the current fiscal year, the common expenses for the unit(s):

HAVE NOT beenincreased.

11. Since the date of the budget of the Corporation for the current fiscal year, the Board:

[  X   ] HAS NOT levied any assessments against the unit(s)

[ ] HAS levied the special assessment against the unit in the amount of $00.00, which the amount of $0.00 is outstanding. Please see the Special Assessment Letter.

To increase thecontribution to the reserve fund, or the Corporation’s operating fund or forany other purpose.

12. The Corporation HAS NO knowledge of any circumstances that may result in an increase in the common expenses for the unit(s), except for:

Budgetary increases which will likely occur when a new budget in respect of the Corporation’s next financial year comes into effect on or about August 1st, 2019. Without limiting the generality of the foregoing, such budgetary increases may reflect amounts required to cover deficits, if any, in the current year’s budget, increased reserve fund contributions due to new reserve fund studies, plans or updates obtained by the Corporation, any costs associated with complying with the provisions of the Condominium Act, 1998, increased utility costs due to utility rate increases and any other usual, customary or inflationary increases, the particulars of which are not within the knowledge of the Corporation at this time.

Reserve Fund

13. The Corporation’s reserve fund amounts to $1,327,180.51 as of January 31st, 2019(The unaudited Reserve).

14. The most recent reserve fund study conducted by the board was a Class 3 study dated June 29, 2018 implemented August 1st, 2018 and prepared by Belanger Engineering. The next reserve fund study will be conducted before June 2021.

15. The balance of the Corporation’s reserve fund at the beginning of the August 1st 2018 fiscal year was $1,348,384.50. In accordance with the budget of the Corporation for the current fiscal year, the annual contribution to be made to this Condominium’s reserve fund in the current fiscal year is $496,560. And the anticipated expenditures to be made from said reserve fund in the current fiscal year amount to $61,200. The board anticipates that said reserve fund WILL BE adequate in the current fiscal year for the expected costs of major repair and replacement of the common elements and assets of the Corporation;

16. The Board HAS SENT to the owners a notice containing a summary of the Reserve Fund Study, a summary of the proposed plan for future funding of the reserve fund and a statement indicating the areas, if any, in which the proposed plan differs from the study. The proposed plan for future funding of the reserve fund

[ ] HAS BEEN implemented on INSERT DATE and the total contribution each year to the Reserve Fund is being made will be set out in the Contribution Table included in the notice.

[ ] HAS NOT BEEN implemented because [  X ] NOT APPLICABLE

17. There ARE NO plans to increase the reserve fund of the Corporation under a plan proposed by the board under subsection 94 (8) of the Condominium Act, 1998, for the future funding of the reserve fund, pending the completion of the reserve fund study noted in section 14 of this status certificate other than those details that are in accordance with, and already outlined in the Form 15 and contribution table and implementation schedule attached.

第四部分 

通常律师审阅的着重点在这一部分:法律纠纷或诉讼

1. 截止到目前,大楼物业没有作为被告被法庭判决赔偿义务。

2. 大楼物业也不是任何法律主体:法庭、仲裁庭、调解委员会。 没有被起诉,也没有起诉他人。

3. 大楼物业没有申请法庭更新大楼管理规章或组成。

4. 没有省高院接管物业管理公司职务的法院裁定书

所以,如果在第四部分相关法庭程序和诉讼部分如果都是NO,那么您的律师通常会告知作为买家的您该标的物业没有法律瑕疵,可以购买。

第五部分

管理公司是否对标的物业的现有业主签署相关权利义务约定:

如果前手业主和管理公司签署了任何权利义务协议,那么作为新买家的您可能也要接手相关权利义务了。

(总而言之, 在物业管理报告中,看到NO是好事情,代表着少责任,少义务!)

Agreements with owners relatingto changes to the common elements

With respect to Agreements with owners relating to changes, additions or improvements to the common elements as per clause 98(1)(b) of the Condominium Act, 1998

[X] THE UNIT IS NOT subject to an Agreement

[  ] THE UNIT IS subject to one or more agreements, To the best of the Corporation’s information, knowledge and belief, the agreements have been complied with by the parties.

The person requesting the Status Certificate must assume responsibility to inspect the premises and confirm that the alteration complies with the provisions contained in any such Agreement(s).

第六部分

自住的买家应该更留意这一部分的介绍:简而言之, 如果是租户太多的共管物业,您可能比较在意作为住户的居住质量问题。 如果租客太多,管理必然要加强。 如果您是投资物业,那么租客多的楼盘必然是热门地段, 交易频繁。 但是如果自住,您可能更在意住户的稳定度。

Leasing of Units

With respect to leased units, during the fiscal year preceding the date of this Status Certificate and as per section 83 of the Condominium Act, 1998, the Corporation

[ X ] HAS received notice that 101 units were leased during the fiscal year preceding the date of This status certificate.

[ ] HAS NOT received notice that any units within this Corporation were leased

第七部分

特殊情形: 大楼物业管理公司可以通过投票决议是否重大的更新、更改、变更项目: 比如重大的装修、改建、修缮项目。

Substantial changes to the common elements, assets orservices

There ARE NO additions, alterations or improvements to the common elements, changes in the assets of the Corporation or changes in a service of the Corporation that are substantial and that the board has proposed but has not implemented.

第八部分

大楼险: 附件中都会附有最新的大楼物业共管保险,俗称大楼险。这部分保险是负责承包大楼共管区域和共管公司作为主体的意外财产损失或人身伤亡险。

Insurance

The Corporation HAS secured all policies of insurance that are required under the Condominium Act, 1998.

Phased condominiumcorporations

The Declarant:

[ ] HAS completed all phases; or

[ ] HAS NOT completed all phases described in the Disclosure Statement that the Corporation received from the Declarant under subsection 147(5) of the Condominium Act, 1998, withrespect to the phase that contains the unit.

[ X ] NOT APPLICABLE

The Declarant:

[ ] Does not own any of the units in the phases, including units that are part of the property designed to control, facilitate or provide telecommunications to, from or within the property; or,

[ ] Does not own any of the units in phases, except for units that are part of the property designed to control, facilitate or provide telecommunications to, from or within the property.

[ ] The Declarant owns one or more of the units in the phases, but not units that are part of the property

Designed to control, facilitate or provide telecommunications to, from or within the property; or,

[ ] The Declarant owns one or more of the units in the phases, including one or more of the units that are part of the property designed to control, facilitate or provide telecommunications to, from or

within the property; or,

[ X  ] THIS SECTION IS NOT APPLICABLE

第九部分

注意事项:

新业主收取了管理报告仍然需要履行验房义务,验房是买家不能让予的权利。 如果随意放弃,那么对于在过户登记日前的物业瑕疵的维权,将会大大受到影响。 买家在交付前甚至于合约签订日之日起的约定时间内所享有的一项法律权利,同时也是一项义务。 如果合约中约定了买家在特定日期内完成验房工作,如果没有完成, 买家将失去验房条件。尽管在过户登记日前,买家通常仍然有三次看房机会, 但是除非是重大瑕疵,买家基本上丧失了拒绝购买的法律权利。

如果在过户登记日之后发现卖家有重大隐瞒行为, 买家当然有权利提起法律程序求偿,但终归不如在交接日前及早发现物业瑕疵,最佳时段应当是在验房条件满足之前, 这个时间点,买家如果发现物业本身存在问题,买家有权利拒绝购买,或者享有重新议价的权利。

而大楼物业管理报告不能够替代验屋报告的主要原因是由于大楼物业管理报告仅仅就共管区域做出报告,并没有对物业单位内部的状况完成尽职调查。 所以不能替代验房报告。

Rights of person requesting certificate

  1. The person requesting this certificate has thefollowing rights under subsections 76 (7) and (8) of the Condominium Act, 1998 with respect to the agreements listed insection 33 of this status certificate, namely:

 

(i)  Uponreceiving a written request and reasonable notice, the Corporation shall permita person who has requested a status certificate and paid the fee charged by theCorporation for the certificate, or an agent of the person duly authorized inwriting, to examine the agreements listed in paragraph 33 of this statuscertificate at a reasonable time and at a reasonable location;

(i) The Corporation shall, within a reasonable time, provide copies of the agreementslisted in section 33 of this status certificate to a person examining them, ifthe person so requests and pays a reasonable fee to compensate the Corporationfor the labour and copyingcharges.

NOTE: No Prior Inspection ofSuite Conducted 不提供物业内部的验屋报告

The person requesting this certificate ishereby advised that no inspection of the unit(s) which is/are the subjectmatter of this certificate (nor any portion of the exclusive use common elementareas appurtenant thereto), has been conducted by the Corporation or itsproperty manager, in order to determine whether or not the Corporation has anyclaim for damages against the owner of such unit(s), or whether any violationof the provisions of the Act, or Corporation’s declaration, by-laws and/orrules exist, prior to issuing this status certificate in connection therewith.Accordingly, the person requesting this certificate shall be solely responsiblefor undertaking any desired or required inspection.

Check – Metered Utilities 热水炉租赁服务条款

Please note that the electricity [and/orwater] consumption relating to the aforementioned dwelling unit (and anyexclusive use common element areas appurtenant thereto) is separately checkmetered, and the cost of such unit owner’s consumption does not comprise partof the common expenses. However, pursuant to the provisions of the declaration,if an owner of a dwelling unit fails to pay his or her proportionate share ofthe electricity [and/or water] consumption charges within 10 days following thereceipt of an invoice for such outstanding utility charges from the condominiumcorporation’s designated utility monitor (following the periodic reading of thecheck meter appurtenant to the owner’s dwelling unit), then the condominiumcorporation shall be entitled to maintain and enforce a lien against thedefaulting owner’s dwellingunit.

Accordingly, the recipient of this statuscertificate should contact the condominium corporation’s utility monitordirectly ( TorontoHydro ), namely to confirm whether or not there are any outstandingamounts owing for electricity [and/or water] consumption in respect of theaforementioned dwelling unit, which might ultimately give rise to a lien infavor of the condominium corporation.”

Dated this 15th day of March, 2019

TORONTO STANDARD CONDOMINIUM CORPORATION NO. 2172

Per:

Name: 张三

Title:Property Manager

 Executed pursuant to the ElectronicCommerce Act (Ontario)

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