Creating a code of ethics
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.