April 2023
Our manager is not performing in terms of fulfilling promises to owners and the management company is getting involved in managing our Annual General Meeting (AGM).
During the last AGM, that was virtual, the condo lawyer was brought in to address various issues, and owners were allowed to ask questions – I was muted during my question.
Which clause in the Condominium Act can I refer to in writing the board about this conflict of interest behavior during the AGM by the boss of the property manager?
R. H.
Response from Toronto Condo News
You have identified concerns about your condo board, management and legal counsel. Your concerns pertain to obligations of these parties to you and other owners.
The reality is that there is no obligation to respond to owners or residents as you desire.
The condominium manager reports to the board. It may be that your board is quite satisfied with management and their failure to respond to owners. If owners disagree, their power is in replacing directors by voting for others. A new board can choose to replace management, or to provide new instructions for how management responds to owner concerns.
The president of the condo board presides as chair at meetings including the Annual General Meeting (AGM). They can pass this responsibility to another including the condo lawyer. The agenda for the AGM is determined by the board and may not allow questions from those in attendance. As for muting owners, that is one of the reasons some boards prefer virtual meetings over in-person meetings.
With regard to promises that were made, I presume these were verbal promises. Unless in writing, there is little that can be done to prove they have been made and to ensure they are honoured.
The matters you bring up do not appear to rise to the level of “conflict of interest”.
While the actions you identify may be distasteful, not in accordance with best practices, and may lead to other problems, there is nothing in the Condo Act preventing boards from acting in these ways, or from owners re-electing directors that poorly manage or communicate with their community.
In short, you will not find anything in the Condo Act addressing the issues you have identified. If you do feel that the condominium manager is acting in an improper manner, the Condominium Management Regulatory Authority of Ontario (CMRAO) offers a mechanism for filing complaints – https://cmrao.ca/condo-managers/complaints-process – that will be reviewed, then acted upon if they feel your concerns are warranted.
