Owners elect a board of directors to oversee the business affairs of the condominium corporation. As an owner, you are a member of the condominium corporation, so board activities affect your condominium experience every day. This is why it's important that you vote for the directors or become a director yourself. Elections occur during the annual general meeting (AGM).
Your board of directors meets regularly to conduct condominium business. Meetings typically occur once a month, though they can happen more or less frequently. The board of directors must ensure the corporation is run in compliance with the Condominium Act. As part of their responsibilities, directors must:
The board cannot conduct any business except at a meeting of directors. Further, there must be a quorum at the meeting. A quorum for a directors meeting is a majority of the number of directors. Director meetings don’t have to be face-to-face meetings. A director’s meeting can be held by teleconference.
To be a director, you must:
A person immediately ceases to be a director if a lien is registered against their unit or they become bankrupt.
A director does not have to be an owner of a unit in the building if a certificate of lien has been registered against a unit owned by the person and has not been discharged within 90 days, or they become bankrupt. The condominium corporation's by-laws may include conditions for qualification or disqualification of directors.
Effective November 1, 2017, new qualifications and disqualifications for directors will be added and the language for current ones amended. For example, disqualifications will include failure to make required disclosures or has failed to complete the required training.
At every AGM, one or two director terms expire. That means other residents can run for a seat on the board. The process for electing directors depends on your condominium’s by-laws and rules.
If you want to run for a position on the board, you should notify the board ahead of the AGM. Your name will then be included in the AGM package sent to residents before the meeting. However, you can still stand for election the day of the meeting.
At the AGM, candidates will be able to introduce themselves. You will then be able to vote for them. When you vote for new directors, consider:
Subject to the by-laws, the directors elect the president and secretary from among themselves.
The board must have at least 3 directors. An odd number of directors helps prevent stalemates during board votes. The number of directors is specified in the condo declarations. The term for a board member can be up to three years. Terms are typically set so that they don’t all expire at the same time. This helps ensure that there is always an experienced director on the board.
As of November 1, 2017, directors will be required to take some training. The training will be offered online by the Condominium Authority of Ontario. It is expected that the training can be completed in about three hours.
Directors must uphold a standard of care. This means they must perform duties with care, diligence, and skill.
If a board member is not doing their job or is acting inappropriately, they can be removed. To have a director removed, a meeting of owners must be called for the purpose. Click here for more information on requisitioning an owners’ meeting.
At the meeting, the owners must vote to remove the director. In order to remove the director, a majority of all owners must vote in favour of removal, either in person or by proxy.
If the owners vote to remove a director, the owners may elect any person qualified to be a member of the board to serve the remaining term of the director who has been removed, according to the condo corporation’s by-laws dealing with the election of directors.