When the Board Fails to Enforce Rules

April 2022

Owners can be dissatisfied with their board.  Common reasons include failure to enforce rules about pets or noise.  Trash disposal may be a problem.  Lack of communication may be an ongoing concern.  Perhaps common areas are not being maintained to your satisfaction.

None of this means the board, or management, is acting improper or outside the scope of their obligations.

Any community dissatisfied with their board, or an individual director, has certain rights.  Mediation with the corporation, per the Condominium Act, can be required with the support of at least 15 percent of owners, when there is a specific enforcement matter to address such as a particular rule.  More broadly, the community can replace directors whose term has expired with others who will enforce the rule in question.  This occurs at a scheduled election, typically the annual general meeting.

Should mediation fail or owners choose not to wait until an election, it is possible to replace a condo board or individual director.  This requires:

  • Owners of at least 15 percent of units requisitioning an owners’ meeting to vote on removal of some or all directors;
  • The meeting must have a quorum – 25 percent of suite owners – in attendance. If attendance does not meet this minimum level the requisitioned meeting ends.
  • A majority of owners in attendance must vote in support of the motion to remove one or more directors.

For more information, see Replacing an Elected Condo Board in the Condo Archives.