Toronto Star

Security cameras can be put in without owners’ OK

- Gerry Hyman Gerry Hyman is a former president of the Canadian Condominiu­m Institute and contributo­r for the Star. Reach him on email: gerry@gerryhyman.com

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.

 ?? DREAMSTIME ?? Security cameras can be installed without an owners’ vote, if the board views the move as necessary for safety and security.
DREAMSTIME Security cameras can be installed without an owners’ vote, if the board views the move as necessary for safety and security.
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