January 2025
Our condo board is not adhering to the rules of governance.
Our declaration states that in order to make substantial changes to our common elements, the board must have approval of 80 percent of all units. Yet they have unilaterally decided to fill in our outdoor in ground swimming pool without even taking it to a vote.
Is there any legal recourse that we can take? It is my understanding that this does not fall under the jurisdiction of CAO.
C. M.
Response from Toronto Condo News
You are correct that the board requires approval of owners to undertake substantial changes to common elements, otherwise known as an “addition, alteration or improvement of common areas”.
There are no hard and fast rules to making this determination except for the dollar value of this expenditure. See Common Area Improvements in the Condo Archives for more information.
If this work has been properly approved by the board and opposed by owners, they can choose to reverse the decision by calling a requisition meeting in accordance with the Condo Act. See So You Want to Requisition a Meeting in the Meetings & Elections area of the Condo Archives for more information.
As for legal recourse or advice, it is best that you consult a lawyer. As you stated, this issue does not currently fall under the jurisdiction of the Condominium Authority of Ontario (CAO) or Condominium Authority Tribunal (CAT).
Best of luck.
