the oppressive signs. And you can too. failing to allow political canvassers access Butthe you still need to fill out those!@#$ to premises. forms. But none of that means that corporations can just ignore the new requirements with impunity. Under section 17 of the Act, a condominium corporation is required to ensure that everyone- including the corporation itself, complies with the condominium’s governing documents and the Act itself. That means that a corporation that fails to provide the new certificates could face itself with an application for a compliance order from a unit owner.
The other documentary requirements have to do with returns to the Condominium Authority of Ontario. Condominium corporations are required to file annual returns with the CAO that provide basic information such as the number of units, names of directors and address for service. Unlike the situation with information certificates due to owners, there are specific consequences in the Act for failure to comply. Corporations who do not file on time could face late filing fees, and an application for compliance under the Act. As well, any corporation with unpaid fees or assessments from the CAO is not able to commence any legal proceedings without leave of the court.
Under the Act, new directors are required to complete mandatory director training course within six months of being elected
Board members also have an obligation to manage the affairs in good faith and in a manner of a reasonably prudent director. That means that Board members who in bad faith simply refuse to issue the new certificates and who cause the corporation and owners to incur legal costs fighting a compliance order, could find themselves faced with personally liable for the costs.
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CONDOVOICE WINTER 2018
Lastly, we come to mandatory director training. Under the Act, new directors are required to complete mandatory director training course within six months
of being elected (directors elected prior to November 1, 2017 are exempt, but must take the training within six months of reelection). The training course is provided online, free of charge, by the CAO. Once the training course is completed, the director is required to provide evidence of completion to the corporation. A director who fails to complete the training on time is deemed immediately cease to be a director. That in turn triggers an obligation to file a notice of change with the CAO and also to provide owners with an Information Certificate Update. What happens in the rare occasion that a director is notified of disqualification but keeps acting? The director may not be eligible for indemnity under the corporation’s directors’ insurance policy, and any decisions made at meetings where that director’s vote was decisive may not be valid (although the decision could be ratified at a later meeting, assuming there is quorum and assuming a majority of the new directors agree). If you recall the ending of Sign, the hero V some measure of relief from is able toCfind