Condo Law Blog
The responsibilities taken on by the board of directors of a new condominium are considerable, cannot be underestimated and are often overwhelming.
For example, in the condominium corporation’s first year, the board has to deal with myriad issues, such as: getting communications with unit owners up and running; ensuring that all of the documents that the developer is required to deliver are, in fact, delivered in accordance with turnover requirements; reviewing all service contracts affecting the condominium corporation to determine whether the corporation will resort to remedies available under the Condominium Act, 1998 (the “Act”) for relief from those contracts. Those are but a few examples.
However, perhaps the most important of all of those issues that must be dealt with is the necessity to identify and address construction deficiencies at the condominium, and the corporation’s owner-elected board is invariably confronted, early on after turnover, with the steps that must be taken by the corporation to audit and assess those construction deficiencies.
It is not only a vote of owners that can remove a board member.
The court has upheld a by-law permitting a condo board to hold an ethics review and disqualify a member who breaches the directors’ code of ethics on at least three occasions.
The case, Stanley Gordon v. York Region Condominium Corporation et al., is attached.
A recent decision from the Superior Court of Ontario sends a clear message that unit owners who ignore enforcement letters or proceedings may lose their chance to present their side of the story.
In this case, a delinquent unit owner breached single-family dwelling provisions by operating a rooming house. He ignored compliance letters sent by the condominium corporation and its counsel, refused to participate in a mediation and refused to participate in an arbitration. The unit owner waited until the condominium corporation applied to Court to enforce the arbitration decision to defend himself.