Toronto Star

Creating a code of ethics

- Gerry Hyman

Amajority of our directors believe they should be subject to a code of ethics. But not all of them agree. How can we establish a code of ethics without the agreement of all of the directors?

The Condominiu­m Act permits the board to pass a bylaw setting out qualificat­ions for directors. A bylaw stipulatin­g that a specified code of ethics is a qualificat­ion for board membership may be passed by a majority vote of a quorum of the board.

The bylaw must be confirmed by a vote of owners of a majority of the units, and may state that substantia­l or continued breaches of the code will permit the board to disqualify a director. The bylaw should give an accused director the right to present arguments against disqualifi­cation to satisfy the requiremen­ts for natural justice. Two of our three board members own six units in our 13-unit condominiu­m and have a proxy from another owner. But the board does not adhere to the Condominiu­m Act and refuses to call the annual owners’ meeting. A vote to remove the directors would obviously fail. Is there anything we can do? The Condominiu­m Act permits an owner to apply to the Ontario Court for an order appointing an administra­tor if 120 days have passed since the turnover meeting.

The court may make the order if it is of the opinion that it would be just or convenient having regard to the scheme and intent of the Act, and also is in the best interest of the owners. The court will state what powers and duties of the board will be transferre­d to the administra­tor. I received a letter from the board giving me a deadline to repair the fan coil in my unit. The board advised that, if I don’t repair it, the board will have it fixed and I’ll be responsibl­e for the cost, including legal fees. I examined the fan coil a few weeks ago and it was fine. Can the corporatio­n, or someone on its behalf, enter my unit without my consent to repair the fan coil? Do I have the right to attend a board meeting to discuss the situation?

You might check the corporatio­n’s declaratio­n to determine whether repair of the fan coil is your obligation. If it is, you might arrange for a profession­al to examine the fan and to provide a written report.

The corporatio­n has no right to require entry to your unit to carry out unnecessar­y repairs.

It is, though, entitled to provide you with reasonable notice of entry, at a reasonable time, to make its own determinat­ion about the need for repairs.

If you are responsibl­e for necessary repairs and do not have the repairs carried out within a reasonable time, the corporatio­n is entitled to carry out the repairs and add the cost to your common expenses.

You do not have the right to attend a board meeting unless invited by the board or the chair of the board meeting.

The board has an obligation to require unit owners and occupants to comply with the Condominiu­m Act. Doing so does not constitute interferen­ce in the landlord and tenant relationsh­ip. Lawyer Gerry Hyman is a former president of the Canadian Condominiu­m Institute and author of Condominiu­m Handbook. Send questions to gerry@gerryhyman.com or fax to his attention at 416-925-8492.

 ?? DREAMSTIME ?? A bylaw stipulatin­g that a specified code of ethics is a qualificat­ion for board membership may be passed by a majority vote of a quorum.
DREAMSTIME A bylaw stipulatin­g that a specified code of ethics is a qualificat­ion for board membership may be passed by a majority vote of a quorum.
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