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Real Property LawCondominiumsONEASY

At the end of its fiscal year an Ontario condominium corporation has a surplus in its operating budget. What does the Condominium Act, 1998 require it to do with the common surplus?

Correct Answer

C) Apply it against future common expenses or pay it into the reserve fund

Section 84(2) of the Condominium Act, 1998 says a common surplus must be applied against future common expenses or paid into the reserve fund and, except on termination, may not be distributed to owners or mortgagees of the units.

Answer Options
A
Refund it to the owners in proportion to their common expense shares
B
Pay it to unit mortgagees to reduce owners' mortgage balances
C
Apply it against future common expenses or pay it into the reserve fund
D
Keep it in a separate account the board may spend on anything

Why This Is the Correct Answer

Section 84(2) lists exactly these two uses for a common surplus.

Why the Other Options Are Wrong

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Key Terms

common surplussection 84reserve fundbudget
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