Board of Directors
Condo Anarchy or Owner Apathy? 10 Tips to Improve the Lives of Condo Owners
Condo democracy has had a fair bit of bad press recently. Vote rigging, fraudulent proxies and director collusion made headlines in May. But is it really all gloom and doom in condos under Ontario skies? In this post, we provide 10 tips to improve condo governance and reduce frustration associated with condo living. Recent media […]
A Requisition for a Special Owners Meeting can Lead to a Defamation Case
The ultimate recourse when condo owners are dissatisfied with the board or its decisions is to requisition an owners meeting to remove directors. This process often leads to various groups campaigning the owners to support their position. A recent unreported case reminds us to exercise caution in the context of this democratic exercise to avoid […]
New Mandatory Training for Condo Directors
As part of its revamping of the Condo Act, the province is imposing various additional obligations onto condo corporations, managers and directors. Last month, the Ministry of Government and Consumer Services circulated a new set of draft regulations which further detail some of these new obligations. In this post, we discuss what we know about the […]
Courts Will Protect Condo Board Decisions… made in good faith
You may recall our blog on an Ottawa case opposing a mixed-use condominium corporation to the owner of a public parking business within this corporation. The Court of appeal reversed the original decision and concluded that condo board decisions taken in good faith should be shown deference and will not likely be set aside by […]
The “5 Ws” of a Condo AGM
Fall is often a good time for condominium corporations to hold their annual general meeting (“AGM“) of owners. Owners are back home after the summer holidays and snowbirds have yet to migrate to warmer weather for the winter. My condominium should hold its first AGM in the next few months. People who are new to condo living may not fully understand what an […]
Can Condo Directors be Sued for Conspiracy?
An interesting case came out of Toronto last week where the owner of three commercial condominium units commenced a claim against the condominium corporation and the directors personally, claiming conspiracy, nuisance and intentional economic interference. This raises an interesting question: Can condo directors be found to be involved in a conspiracy when they take decisions as […]
The First Year in the Life of a Condominium Corporation
The first year of a condominium corporation is a big one. In addition to dealing with ongoing construction work, construction deficiencies and perhaps budgetary issues, the board of directors has to take important decisions in terms of management of the building and has to set the tone with the owners and residents. Depending on how the developer/declarant […]
Condo Directors Have a Limited Right to Privacy
Last week, we blogged on whether owners are entitled to access the email address list of other owners. Judging by the popularity of the blog, it seems that we struck a chord. One of our readers asked me to elaborate on how this right to privacy may apply to condo directors. Are they entitled to have […]
The Limits of Democracy in Ontario Condos
We often think that democracy is the ultimate decision-making process in condominium corporations in Ontario. True, but it is not that simple. The first challenge to the general tenet that majority rules the governance of condominiums is that numerous decisions require a varying degree of approval from the owners. For instance: Quorum to hold an AGM is presently […]