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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Our condominium board has replaced pillars on each unit

Customer Question

Our condominium board has replaced pillars on each unit through a cash call not through the reserve fund as pillars were not in the reserve fund. Now several of the pillars require maintenance . Can money be taken out of the reserve fund to repair damaged pillars
Submitted: 8 months ago.
Category: Canada Law
Expert:  KJLLAW replied 8 months ago.
Good afternoon. What state are you located?
Customer: replied 8 months ago.
Alberta Canada
Expert:  Legal Ease replied 8 months ago.

The reserve fund is for paying for major repairs or replacing major common elements. It cannot be used for minor repairs which are supposed to be paid for out of the operating budget.

So if this is considered a major repair then the reserve fund can pay for this even though the reserve fund did not pay for the original pillars.

Let me know if you need any further clarification.

Customer: replied 8 months ago.
The pillars were never a part of the original reserve fund , that is why they had to do a cash call to owners to replace the pillars. Now several have been damaged from landscaping weed eaters. I am guessing money for repair of a few cannot come out of the reserve fund...but I need clarification or confirmation. Thanks
Expert:  Legal Ease replied 8 months ago.

But that is not what I said. I said that the reserve fund is for a major repair so if this is a major repair then it can be used even though the reserve fund was not used to purchase the pillars. If it is a minor repair then the money cannot come out of the reserve fund because minor repairs are supposed to be covered by the operating budget but if this will amount to a major repair that is what the reserve fund is for.