What must a board candidate disclose before an election?
Board candidates must provide a written disclosure to the condo corporation, which must include whether they:
- Are a unit owner or occupier
- Are a party to a legal action with or against the corporation
- Have a family member or another person living with them that is involved in a legal case with or against the corporation
- Have been convicted of an offense under the Condo Act within the last 10 years
- Have a significant personal interest in a deal involving the condo’s developer or its affiliate
- Are 60 days or more in arrears of condo fees
- Have a direct or indirect interest in existing or proposed contracts or transactions that the corporation is involved in
There may be additional disclosure requirements in the corporation’s governing documents.
Are condo board directors required to follow a code of ethics?
The Condo Act says that directors must act in good faith and in the best interests of the corporation but does not have further specific requirements beyond this. Condo corporations may adopt by-laws that outline expectations for conduct, confidentiality and meeting behaviour. The CAO’s Guide on Governing Condos’ Appendix C has a sample code of ethics that corporations can choose to use.
What is a condo board?
A condo board is an owner-elected or appointed group of individuals responsible for overseeing the condo corporation’s affairs while acting in good faith and keeping the best interests of the corporations at heart. These directors are mainly responsible for ensuring the condo corporation meets its legal duties.
Joining a board means you will be responsible for approving budgets, passing by-laws, approving procurement contracts, ensuring sound financial health of the corporation, and more.
The CAO is mandated to provide comprehensive mandatory training to all condo board directors in Ontario. Our Guide on Governing Condos has additional information on board structure, composition, responsibilities, culture, as well as best practices for by-laws, risk management and maintaining a positive relationship with owners.
What is quorum for board meetings?
Quorum is the minimum number of board members who must be present at a meeting for official business to proceed. Quorum for board director meetings is achieved when more than 50 per cent of directors are present. No meeting or votes can take place without quorum. Learn more about board meetings.
How can a director be removed from the board?
Condo owners experiencing issues with one or more board directors have several, escalating options.
As a first step, try raising your concern in a collaborative way either during an owners’ meeting or by getting in touch with your condo corporation. It is a good idea to gather all the facts and have the full picture before moving to next steps. Next, unless your condo’s by-laws state otherwise, condo board directors can serve as many consecutive three-year terms as the community allows for by voting at Annual General Meetings. Therefore, as a next step you should consider either running for the board at the next AGM or simply voting for someone else that you find agreeable.
A more challenging and potentially costly solution is to call an owner-requisitioned meeting with the purpose of voting a director out. You must gather a certain number of your fellow unit owners’ signatures to host this meeting, during which owners representing more than 50 per cent of all units in the corporation must vote to remove a director.
Seek legal advice and consider filing a court case if your condo community has come together and tried all of the above without success.
What happens at board meetings?
Board meetings typically happen every month but can occur more or less frequently. During these meetings, directors can appoint new directors, approve changes to vendor contracts, approve repairs or changes to common elements, review financial information, review the condo manager’s performance and more.
Can condo owners require board members to communicate with them directly?
The Condo Act requires boards to act in good faith and in the best interest of their corporation but does not require them to respond to an individual’s concern or question. Boards are only legally obligated to respond in specific circumstances, like when owners submit formal records requests or a requisition for an owners’ meeting.
Owners that have concerns should begin by speaking with management or the board in a respectful and collaborative way. Owners can also raise questions and share feedback at Annual General Meetings. Above all, open communication and working together should always be the first approach.
Condo corporations must proactively keep owners informed by sending information certificates within legally prescribed timelines. These measures help promote transparency and accountability within the community.
For additional guidance, the CAO Guide on Communication and Conflict Resolution offers practical tips to navigate conflict and foster a positive condo environment.
What are acceptable board meeting formats?
Unless your condo’s by-laws say otherwise, a board meeting can be held in-person, virtually or in a hybrid way.
Whatever the chosen method, the meeting must enable owners to meaningfully participate and vote. Email does not qualify as an acceptable meeting format.
What are the notice requirements for a board meeting?
Notices for board meetings must be sent to all directors at least 10 days in advance, unless the condo’s by-laws say otherwise. Notices must include the meeting’s date, time, location, instructions for joining and topics of business to be discussed and voted on.