All Board of Director of any Condominium Corporation must comply with the Ontario Condominium Act 1998 https://www.ontario.ca/laws/statute/98c19
Also inclusive of the numerous changes to modernize the Act. https://news.ontario.ca/en/release/21256/building-a-better-condominium-act
Condominium Corporations with outdated Declarations written prior to 1998 should be updated to comply with the act to protect the Corporation and its Owners. A Condo Corporation is comprised of Owners equivalent to the number of units within the Corporation. Board of Directors voted in by the Owners have a responsibility to follow the Act as written inclusive of other Acts Protecting Condominium Owners Act 2015, S.O. 2015, c. 28 https://www.ontario.ca/laws/statute/s15028 and Bill 106, Protecting Condo Owners Act, 2015 https://www.ola.org/en/legislative-business/bills/parliament-41/session-1/bill-106
It us our opinion not professional advice, the Board of Directors of your Condominium Corporation should consult a Condominium Lawyer to updated the any Condo Corporation Declaration which was written prior to 1998 Condo Act as soon as possible. If it is in non compliance and the Board of Directors carries on business of the Corporation in the above circumstances they not only may compromise the Corporation but could also potentially negate any Director Liability Claims considering they are well aware their Declaration and or By-Laws are outdated. The COA are not lawyers, we are offering our opinion and equally suggest the Owners to seek Legal advice in the event the Board refuses. If Owners feel their Board of Directors are not in compliance with the above acts, we highly recommended it be reported to the CAO Condominium Authority of Ontario.
Property Managers and Management company are licensed / an accreditation mandatory under the Act – Condominium Management Services Act, 2015, S.O. 2015, c.28, Sched 2 https://www.ontario.ca/laws/statute/15c28 Also regulated by the CMRAO mandating compliance to the Act in all of their professional activity. If Owners feel they are in a situation where their Property Manager or Management company is not in compliance it is highly recommended it be reported to the CMRAO Condominium Management Regulatory Association Ontario.
Please note: Under the Condominium Act, 1998, Section 37, Standard of Care (1): “Every Director and every officer of a corporation in exercising the powers and discharging the duties of office shall (a) act honestly and in good faith; and (b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.” 1998,c 19,s.37 (1).
We have offered our opinion on the above situation and we always endorsed Standard Care of every Director and Officer of the Corporation as noted above. Protecting Condominium Owners Act is the product of the Governments comprehensive review of the existing Condominium Act. We trust these directives are helpful.
The COA has worked hard since 2010 for these changes
