August 2023
There is a lot for condominium directors to understand when it comes to managing their high-rise home. Most directors never develop a good understanding of these complexities.
One condo owner has developed a chart he uses to help educate directors in his community.
In the centre of this chart is a broad overview of a condominium corporation’s Governing Framework. It identifies legal documents that the corporation creates, adheres to and enforces to facilitate good governance. These are the corporation’s governing documents. Surrounding this Governing Framework are the considerations encompassing good governance.
Legal Backdrop
Certain legislation supersedes the corporation’s governing documents. At the top of this list is human rights legislation followed by the Condominium Act of Ontario which is enforced, in part, by the Condominium Authority Tribunal.
Any part of the corporation’s governing documents inconsistent with this legal backdrop is beyond the corporation’s authority.
Current Condo Best Practices
Condominium directors have resources to help them in learning about best practices and how best to deal with any situation that may arise. We question inclusion of Condominium Authority of Ontario since best practices are not part of their mandate. Their Condominium Authority Tribunal does not consider best practices in deciding disputes brought before them. We would include Toronto Condo News magazine, Condo Archives and Condo Resource Guide among the top resources for condominium directors and management.
Prevention and Enforcement
There are numerous ways in which a condo board can seek to prevent problems and enforce their governing documents.
Code of Conduct
This rather vague area represents, perhaps, the hardest and most important way in which condo boards can be effective.
The best condo boards focus on the big picture by identifying what they want to achieve, how to interact with each other and in dealings with owners. This includes what and how they choose to communicate. Trusted and transparent condo boards are effective at this.
Purpose and vision is a precursor to making decisions. Done well, it defines the conduct of condo directors and aids in making correct decisions consistent with a clearly stated vision.
The best condo boards understand this chart and work hard to ensure all sectors are adequately addressed in the governance and management of their community.
Thank you to Bruce Young for providing this chart and assisting with this article.
