Board of Directors
Condo Owners Must Pay for the Unlawful Conduct of Their Directors
Who should pay the bill when condominium directors act unlawfully and take justice in their own hand? According to the Court of Appeal it may be the owners having elected them! We blogged already on the Ottawa case where condominium directors were found to be in contempt of court when they decided to ignore a […]
Conflict of Interest: Better Safe Than Sorry
With ethics and governance being such a hot topics in the corporate and political world, you won’t be surprised to hear that condominium corporations are no stranger to these concepts. Directors must be conscious of the standard of care expected from them and of the risk of conflict of interest. Sections 40 and 41 of […]
Can Condominiums Serve Their AGM Package by Email?
We are often asked whether condominium boards can send their AGM package by email rather than sending a hard copy by regular mail as it is often the established practice. Subject to the conditions presented below, boards are free to use email when sending notices to owners. The package for a condominium’s annual general meeting (“AGM“) generally includes […]
How to Fill a Vacancy on a Condo Board of Directors
At each annual general meeting (“AGM“), owners usually elect a certain number of directors for a fixed term in accordance with the corporation’s declaration and by-laws. However, during his or her mandate, a director may decide to resign, resulting in a vacancy on the board. We are often asked how the board can fill this […]
Condo Directors Found in Contempt and Fined
In a recent decision, the Ontario Court of Appeal fined condominium directors for having breached a prior court order. This decision is the culmination of a 3-year legal saga over the landscape of a condominium courtyard. In 2011, the board had to remove the landscape outside of the complex to perform extensive repairs to the […]
How Can Condo Directors Avoid Personal Liability?
We have, in the recent past, blogged about the Boily case. In this Ottawa case, a board of directors was found to be in contempt of court and was ordered to personally pay in excess of $96,000 in legal costs. Many have asked for an update on this matter and for advice on how directors can protect themselves against […]
Directors Found to Be in Contempt Ordered to Pay $96,000 in Legal Fees
We previously blogged about the Boily case involving a dispute between some owners and the directors of a Condominium complex in Ottawa. This dispute revolved around the proposed alteration of the condominium’s courtyard. Last March, a judge found the corporation and the directors in contempt of a prior court order and ordered them, for a […]
Special Assessments: The Board Has The Final Word
Sometimes a board of directors has no choice but to levy a special assessment in order to proceed with necessary work, maintenance or repairs. Such a decision is rarely well-received by owners, who will most likely question the rationale of the decision and the board’s management of the condominium’s affairs. Even if owners agree that […]