Directors and Officers
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 […]
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 […]
Deadline to Install Carbon Monoxide Alarms in Condominiums
Time is running out. By October 15, carbon monoxide alarms will be required near all sleeping areas in Ontario’s residential homes with a fuel-burning appliance or fireplace or which are adjacent to a service room with such appliances or adjacent to a garage. Condominium corporations (as opposed to unit owners) are likely ultimately responsible for the installation, testing and maintenance […]
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 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 […]