President of the condo board was a real estate agent. Over a ten-year period, this individual listed and sold more than 60 units with just 28 units sold by other agents. The president improperly used this role for financial benefit – a clear conflict of interest.
There were other problems. Misinformation was spread by the board president to discredit a candidate for election to the board. Meeting minutes and financial records were not being made available.
Disputes relating to one’s home and largest financial commitment can be particularly contentious. Until recently there was little recourse to a misbehaving condo board without taking on the cost and time of a lawsuit against the condo corporation, board or individual director.
The Condominium Authority of Ontario’s Condominium Authority Tribunal (CAT) is an online tribunal that helps to settle and decide condominium-related disputes in Ontario. It provides recourse for condo residents that are legally binding. At this time, CAT will only hear disputes relating to records of a condominium corporation in Ontario. Later in 2020 they are expected to begin hearing non-records related disputes.
Elections remain the best way to deal with a misbehaving condo board. Condo owners need to attend meetings, understand the issues, consider serving on a condo board or committee, and support quality candidates. To avoid election abuses, electronic voting removes control from condo directors and management. It minimizes election “irregularities” and the impact of proxy solicitation.