The Ontario Condo Law Blog

The Ontario Condo Law Blog

Serving Ontario's condominium communities since 2008

Category Archives: Governance

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A reasonably prudent director

Posted in Case Studies, Governance, Living Together
Condo directors in Ontario are expected to exercise a certain degree of attentiveness, caution and prudence while carrying out their duties. This expectation is known as the “standard of care” and is set out in section 37(1) of the Condominium Act, 1998, which provides: 37.  (1)  Every director and every officer of a corporation in exercising the powers… Continue Reading

Common expense collections policy redux

Posted in Financial Issues, Governance
Past DueWe published a piece last May recommending that condominium corporations enact policies to collect common expenses in an orderly, systematic way. Unfortunately, we continue to see condo boards deliberately delaying the commencement of power of sale proceedings on liened units. Such delay brings added cost, wasted board time, greater hardship on unit owners in trouble… Continue Reading

Owners cannot requisition by-law amendments

Posted in Declaration, By-Laws & Rules, Governance
While the Condominium Act, 1998 permits owners to requisition meetings for certain business and for informational purposes, there are limits on what can be accomplished using this process. Some owners at one of our smaller condo corporation clients recently submitted a requisition to amend the corporation’s general by-law to increase the size of the board… Continue Reading

Policy prescription for pain-free collections

Posted in Financial Issues, Governance
Some of the most uncomfortable conversations that condo directors, managers and lawyers have with unit owners take place when owners cannot afford the monthly common expenses for their unit. While it is natural to show compassion to someone in trouble, significant problems and potential liabilities arise by delaying prompt collection action. Ontario condominium corporations have… Continue Reading