Board of Directors
Condo Loses Priority Over $1.3M With Directors Failing to Pay their Condo Fees and Falsifying Status Certificates
We recently blogged on how to ensure condo fees are paid before the mortgage in cases of default and we explained the importance of complying with the strict deadlines and notices imposed by the Condominium Act, 1998 (the “Act”). The recent case of Trez v. Wynford reminds us that the same is true even when condo directors are the ones in […]
Should Condominium Corporations Indemnify a Rogue Director Who Has Been Ordered to Pay Costs?
For those following the case opposing a Durham condominium corporation to its former director Leslie Swan, the Court of Appeal has issued its decision on question of costs. Unfortunately, we will have to wait a while longer before we find out who gets to pay the piper, as the Court of Appeal has referred the question of costs back […]
Condo Directors Must Be Willing to Compromise and Find Solutions
You may recall our blog on the Ballingall decision, released in April. This case dealt with the enforcement of a single-family provision in a condo declaration. In its decision on costs, released on August 14, 2014, the Court of Justice reminds condo directors that they must be willing to compromise and work with all owners who have legitimate […]
How Will the “New Condo Act” Affect the Calling and Holding of AGMs?
As part of our review of the proposed changes to the Condominium Act, this post will focus on how Bill 106 would affect the calling and holding of condos annual general meetings (“AGMs”). Mandatory advance notices of AGMs If the Bill is adopted as drafted, the province of Ontario would require condominium corporations to provide […]
How to Remove a Condo Director Who Is Acting Unethically
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 […]
‘New Condo Act’: Directors’ Qualifications and Disclosure Obligations
Bill 106 was introduced at Queen’s Park on May 27, 2015. If adopted, it will introduce sweeping changes to the governance and management of condominiums in Ontario. Since the introduction of this Bill, we have been blogging on the proposed amendments. In this post, we analyse what changes may be made to the qualifications and […]
Email Exchanges Between Directors Can Be Defamatory
Directors should be careful about what they email to one another or what they email to owners. There are plenty of instances where communications between directors (or communications to owners) have lead to defamation lawsuits. Defamation covers any communication that tends to lower the esteem ordinary members of the public may have of someone. Sometimes, even innuendos […]
Can Condo Board Meetings Be Held Electronically?
With today’s technology, it is very easy for anyone to participate in meetings by telephonic, electronic or other communication means. We are often asked by condo directors whether it is possible to hold their board meetings electronically as opposed to having in-person meetings. The answer is yes, provided that the following conditions are respected. Section 35(5) of the Condominium […]
A Director Should Not Act Against the Rest of the Board
Last week, the court rendered a lengthy decision in the Ballingall matter. In this court case, we represented a group of unit owners who successfully enforced the “single family” provision found in the corporation’s declaration. Our previous post on this case focused on how the court enforced the condo’s single-family provision. This post will focus on the court’s […]
CCI’s Spring Directors’ Course: April 18-19 in Ottawa
CCI Ottawa is very excited to present, once again, its much attended Spring Directors’ Course. It will be held on April 18 and 19 at the Hellenic Center, at 1315 Prince of Wales Drive. The course addresses all of the key requirements under the Condominium Act and is sure to equip new or seasoned directors with the […]