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What is a Status Certificate?

Posted by Andrew / October 11, 2007

22wellesley.jpgThe fall real estate market is in full swing and many Torontonians are spending their days surfing MLS.ca and their weekends visiting open houses, searching for that perfect place that makes their heart flutter. For those of you who are looking at condos, you may have heard something about a Status Certificate and if you are unsure of what it is or why it is important, read on.

Think of buying a condo as like buying shares in a company. You wouldn't want to take ownership in a company without doing your homework first, would you? When you buy a condo, you are becoming a part-owner of a corporation, so you want to make sure the corporation is in good health.

Usually your offer to purchase will be conditional upon your lawyer reviewing the Status Certificate and finding it satisfactory. However, in today's market, you may not have the luxury of including this condition and you and your agent might decide to review it yourselves before submitting an offer. Either way, here are a few key things to look out for:

1) Reserve Fund. The reserve fund represents the account that will be drawn from for ongoing maintenance and repairs of the building. A well-managed condo should have a healthy amount of cash in its reserve fund at all times.
2) Reserve fund study. By law, a reserve fund study must be completed every 3 years. The results of the study will indicate roughly how much your maintenance fees will be increasing in the short-term to cope with the on-going maintenance and upkeep of the building.
3) Common Expenses. The Status Certificate will reveal if the unit you are considering buying is in arrears or if they are up-to-date with their payments.
4) Special Assessments. Check to see if there any upcoming special assessments (e.g. new roof, replace heating system). Has the current owner paid for these or will you be responsible?
5) Legal actions. If there are any outstanding legal actions against the corporation you may be responsible for paying for the judgments or other results of these actions. Buyer beware.

It is always a good idea to have a lawyer review the Status Certificate before your offer to purchase becomes firm and binding, but even if you don't, it's important to know what it is and how it will affect you and the biggest purchase of your life.

Photo of 22 Wellesley by seekdes from the blogTO Flickr Pool.

Discussion

8 Comments

Adam / October 11, 2007 at 02:36 pm
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Is this the same as the disclosure that you get when you buy, with all the rules and what not? I just bought a place about a month or two ago, and don't recall hearing about any Status Certificate. *gulp*

On a side note, that photo of 22 Wellesley made me laugh; There's a tenant on the 2nd floor that has loaded his or her balcony up with plastic patio furniture and the building just looks hideous as a result.
Andrew (author) / October 11, 2007 at 02:58 pm
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Adam, was it a brand new condo? If so, there would not be a Status Certificate as the condo corporation likely doesn't exist yet (condo has not been registered).

Yeah, that's the problem with the glass balconies-they show everything, tacky patio furniture included.
JB / October 11, 2007 at 05:26 pm
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As a Reserve Fund Planner, i would suggest that some of your points are slightly incorrect:
1) The Reserve Fund, as per the Condominium Act, is expressly for the purposes of replacing or significant refurbishing of big-ticket components only - we're talking $1,000s to $1,000,000s only - roof, significant number of full windows, etc.(if they're owned by the Corporation). Maintenance issues are intended to be taken from Operating Expenses (or an account with that purpose) only. So if you need to wash all the windows for many $1,000s on a big building or remove snow - that is Operating, separate. Also, the Reserve Fund is used for replacing or significantly refurbishing 'existing' items. If the Corporation wants a new landscape feature, like a fountain, where one did not exist before that is dealt with outside of the Reserve Fund.
2) A Reserve Fund is only a portion of the Corporation Budget (of course the portion varies with the development).
4) Special Assessments are typically for emergencies only when the Corporation has not saved up enough in their Reserve Fund and they have serious required big-ticket component work to do - above and beyond their regular Reserve Fund contribution (which is part of the maintenance fees supporting the Budget). Even though Special Assessments may be planned for some years in the future, it is unlikely that the current Owner will have to pay for any of them that occur in a year that is outside of the current fiscal (until that new fiscal comes up, of course). However, it is an excellent idea to be aware of possible upcoming Special Assessments as it could mean $1,000s to $10,000s on top of your maintenance fees as a lump sum with any given year. It is very unlikely that a new or nearly new condominium will require a Special Assessment at anytime soon (because the fund is fresh and the components are new - and often covered under warranty).

Special Note: When buying a very new condo, it is quite possible that a Reserve Fund hasn't been done yet. It typically occurs right before the first real budget where the Corporation has been formed, etc. My point is that the developer typically estimates the maintenance fees based on an Operating budget where the Reserve Fund is only 10%. This is very often way understating the amount that the Reserve Fund needs every year to keep the development in acceptable shape. The Condo Act actually sets the minimum at 10% - so the developer will always take that. My really, real point is that in many cases Owners should expect increases of their maintenance fees of $0 to over $50 per month from what they were originally told, because of this under-statement - and this has to happen within the first fiscal year, as per the Condo Act - on new and almost new condos only - remember (older condos have a few more years to spread out increases).

A reserve fund is crucial to maintaining your investment. Many older Corporations did not maintain an adequate reserve fund and they have faced substantial hardship with slow repairs due to money shortfall, huge Special Assessments on top of huge reserve fund increases (huge maintenance fee increases).

A Reserve Fund looks at least 30 years into the future so it is a good indicator of costs for replacement of anything big-ticket that could possibly be replaced. A big complicated building will of course have a vaster Reserve Fund than a small simple development, thus a wide range in maintenance fees.
Andrew (author) / October 11, 2007 at 05:40 pm
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Great points JB. Thanks for expounding on the issues of reserve funds and special assessments.

The length of JB's comment is proof-positive for the importance of having a lawyer review the status certificate!
Adam / October 11, 2007 at 08:06 pm
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Andrew, yeah it's a new building. Don't recall seeing the certificate, but I had the disclosure looked over by a lawyer.
Gord / March 17, 2008 at 06:53 pm
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Last year I purchased a condo and was led to believe that there was money set aside for the reserve fund..I rented the condo prior to it becoming registered. Now that it is registered there is no money in the reserve fund and the condo fees were increased 30% over what was the originally stated amount. I don't think I can continue to keep the condo and I know out of the 18 units atleast one other owner is in the same boat.

I don't know what to do...
Reserve Fund Study / January 6, 2010 at 09:30 pm
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The act will require condominium corporations with more than 10 units to have or complete a reserve fund study. This study will define the reserve fund required for that corporation, and help determine the budget for current and future maintenance or repairs to the buildings. As well, these corporations must submit annual financial statements to the director of condominiums at Service New Brunswick, ensuring that every condominium owner is kept appraised of its corporation’s financial status.
Joe / May 12, 2010 at 10:48 pm
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If you put an a conditional offer, and one of the conditions is the viewing the status certificate with the Lawyer and you find out that the Condo in question has low reserves and plans to significantly increase monthly fees in the upcoming years. This should be justification to cancel the conditional offer right?

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