We are often asked what can be done about a rogue director or about a director who acts unethically. This question sometimes comes from other directors and often from dissatisfied owners. The traditional way of removing a director is either to get elected in his/her place at the end of his/her term or to have the director removed at an owner’s meeting duly called for that purpose. At the end of the day, the exercise of democracy is the best way to have your voice heard and to get involved in the governance of your condominium corporation. Still, boards can force the removal of a director prior to the end of the term if it is shown that the director has breached the corporation’s code of ethics – provided that the corporation has a by-law allowing this.
Indeed, the Ontario Court of Appeal confirmed that a by-law allowing for the disqualification of a condominium director is reasonable and that it does not offend the democratic principles of governance enshrined in the Condominium Act.
