Background Image
Previous Page  32 / 118 Next Page
Information
Show Menu
Previous Page 32 / 118 Next Page
Page Background

Cost

(3)

The corporation shall pay the cost of the performance audit and it shall form part of the

corporation’s budget for the year following the registration of the declaration and description.

1998, c. 19, s. 44 (3).

Purpose

(4)

The person who conducts the performance audit shall determine whether there are any

deficiencies in the performance of the common elements described in the description after

construction has been completed on them that,

(a) may give rise to a claim for payment out of the guarantee fund under section 14 of the

Ontario New Home Warranties Plan Act

to the corporation; or

(b) subject to the regulations made under this Act, would give rise to a claim described in

clause (a) if the property of the corporation were subject to that Act. 1998, c. 19,

s. 44 (4).

Duties

(5)

In making the determination, the person who conducts the performance audit shall,

(a) inspect the major components of the buildings on the property which, subject to the

regulations made under this Act, include the foundation, parking garage, wall

construction, air and vapour barriers, windows, doors, elevators, roofing, mechanical

system, electrical system, fire protection system and all other components that are

prescribed;

(b) subject to the regulations made under this Act, inspect the landscaped areas of the

property;

(c) review all final reports on inspections that the Corporation within the meaning of the

Ontario New Home Warranties Plan Act

requires be carried out on the common

elements; and

(d) conduct a survey of the owners of the corporation as to what evidence, if any, they

have seen of,

(i) damage to the units that may have been caused by defects in the common

elements, and

(ii) defects in the common elements that may cause damage to the units. 1998, c. 19,

s. 44 (5).

Powers for audit

(6)

The person who conducts a performance audit may, for the purpose of the audit,

(a) enter onto the property at any reasonable time either alone or accompanied with any

expert that the person considers necessary for the audit;

(b) require any person to produce any drawings, specifications or information that may on

reasonable grounds be relevant to the audit;

(c) make all examinations, tests or inquiries that may on reasonable grounds be relevant to

the audit; and