Security cameras can be put in without owners’ OK
Our condo board of directors sent out a notice to that security cameras were being installed. No information was given about the cost and owners were not advised whether they are entitled to vote on the installation. Doesn’t the Condominium Act require the board to provide that information? We don’t believe that the cameras are necessary for our security.
The installation of security cameras constitutes an addition, alteration or improvement to the common elements. The Condominium Act requires the board to send a notice to the owners describing the addition, alteration or improvement, setting out its estimated cost and how it will be paid. It also requires that the board tell owners they are entitled to requisition an owner’s meeting to vote on the alteration.
The Condo Act provides, however, that the corporation — by resolution of the board and without notice to the owners — may carry out the addition, alteration or improvement in certain circumstances. That includes if, in the board’s opinion, it is necessary for the safety or security of the persons using the property.
Therefore, even if many owners disagree, the board’s opinion that the cameras were necessary for security is all that is needed for the corporation to carry out the installation — without providing the notice to the unit owners that would otherwise be required. I am an owner and resident at a townhouse condominium. I have been attending the sessions prior to board meetings at which owners are invited to raise matters and concerns. My questions about problems with the board’s procedures, in regard to proxy forms, are answered by the president with responses such as “it’s with the lawyers,” or “we will discuss it at the board meeting later,” or “maybe you’ll get a reply soon.” My written and verbal communications with the president have been ignored. What can I do?
If the disagreement relates to requirements of the Condo- minium Act — and not to the requirements of declaration, bylaws or rules — the matter cannot be referred to mediation under the Condo Act. It must be referred to court for the issuance of a compliance order.
In your situation, the disagreement may well relate to the obligation of the directors under the Condo Act to act honestly and in good faith. You could maintain that the directors have failed to act honestly and in good faith by not answering your questions that have been properly raised prior to the directors’ meetings, and by the failure of the directors to reply to your verbal and written requests submitted to the president.
If the judge rules in your favour, you could request the court to order that the condominium corporation reimburse you for your legal costs relating to the court application. You could even request that the directors be personally responsible for reimbursing you as a result of their failure to act honestly and in good faith.