Tag Archives: Sellers

STOP VIRTUAL AGM CONDO MEETINGS

by: Linda Pinizzotto, DStG – Dame Order of St George –  Founder CEO COA – Condo Owners Association 

Condo Owner must have in person Annual General Meetings and Special Call Meetings of the Board of Directors along with virtual.  Virtual is NOT a transparent replacement of in person!   HELP STOP the permanent passing of virtual meetings as per the proposed Act.

CONDO BOARD OF DIRECTORS need to be present and held accountable during all Condominium Annual General Meeting and Condo Owners Special Called Meetings.  The virtual meetings are controlled by the Board and many Condo Owners do not have the ability to voice opinions and concerns.  The meetings are not transparent nor do they protect Condo Owners.   Most Condos have meeting rooms and generally quorum is achieved plus possibly 20% owners attending.  To ensure ALL OWNERS have ability to protect their interest, ask questions on their own time in presence of the Board these meetings MUST be IN PERSON AND VIRTUAL allowing every Owner to attend and have an ability to speak their opinions and freely ask questions. 

The Government of Ontario under emergency order during Covid allowed electronic members meetings and board meetings ie. conference call, zoom and video call meetings.   Sadly they further amended the Condominium Act, 1998, to extend electronic meetings until September 30, 2023   The Board can have virtual meetings even if the by‑laws or rules of the corporation  do not provide for electronic meetings, the further amendment allows them. Extension Details as per CAO

This is wrong and should not be passed!  We urge all Condo Owners to read the following taken from Ministry of Public and Business Service Delivery

Questions about the extension of the effective period of the temporary legislative provisions related to virtual meetings can be directed to OnCondo@ontario.ca.

Condo Act Review Information

Over 90% involvement of service related trades may have compromised new recommendations for changes to legislation in particular funding for the CAO Condo Authority of Ontario and the CMRAO Condominium Management Regulatory Authority of Ontario.  Are  Condo Owners expected to pay for Property Managers to be licensed?  Interesting, many Property Management Firms  receive monies for their contracts from Condo Corporation and status certificate requestions ie. $125.00  there are many Property Management firms who keep $100.00 and the remainder goes to the online service provider.  The question “Why is this happening when PM is a paid contractual services of the Corporation?” Why does the contract not already include this services of license property managers from licensed firms.

In many situation it is the fault of the Board of Directors who allow Property Managers free rein to do as they please.   The numerous complaints the COA receives from Condo Owners is that they are concerned of kickbacks and overinflated contracts which impacts the financial stability of condo corporations. It could be from either Property Manager, the firms and/or the Board. Unfortunately without condo owners standing up for their rights and joining COA; it is difficult to combat. The Board has a fiduciary responsibility to act in the best interest of the corporation. Property Management firms are only contractual services and the property manager is delegated by that firm to over see the operations of the corporation ONLY on the instructions of the Board. If you are a past board member you may have been in a position to force changes for a new company but again that decision would have to be with a majority vote so if there is no support of this decision then you may have to call a meeting with 15% owners and try to force changes. Many condo owners feel they may be ostracized and or have more conflicts by complaining but the situation will get worst and there may be concerns on your financials.

If the corporation has broken personal ownership items of a Condo Owner they should be responsible however the Condo Act is self governed which lends itself to abuse and a one side power against Condo owners in many cases. We wish we could give more positive answers to help Condo Owners but there are none because the Condo Act has tremendous Flaws!

COA is always looking for support and volunteers because if we can grow with a strong following as the Teachers Association or any other Associations only then will Condo Owners have a strong voice and government will have no choice but to listen without the constant influence of service related trades protecting their own interest. Condo Owners have to stand up for their rights, it is long overdue!

Condo Declaration non-compliance to Condo Act

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