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Carroll Robinson v Durham Condominium Corporation No. 139 - 2019 ONCAT 19 - 2019-07-09

Corporation:

CRDCC 139

Date:

2019-07-09

Under:

CAT Decisions - Consent Order

Summary:

In the case of Carroll Robinson v. Durham Condominium Corporation No. 139, a Consent Order was issued under the Condominium Act, 1998. The dispute centered around the appointments of directors on or around September 12, 2018. The parties agreed to resolve the matter through this Consent Order. The condominium's board of directors ratified the questioned director appointments during their June 3, 2019 meeting and resolved to attach this ratification to the minutes of their September 12, 2018 meeting. Additionally, a phrase in the minutes of their December 13, 2018 meeting was to be deleted. Upon approval of the minutes in their July 2019 meeting, the property manager was directed to provide the Applicant with these documents. No costs were ordered, and non-compliance could lead to enforcement by the Ontario Superior Court of Justice.

Verdict:

This case demonstrates that disputes related to condominium governance, including the appointments of directors, can be resolved through Consent Orders. In this instance, the Respondent's board of directors ratified the disputed appointments, resolving the issue. It's crucial for condominium corporations to maintain clear and accurate records and promptly address concerns related to appointments or governance matters to ensure transparency and compliance with relevant regulations.




Takeaways:

Appointment Dispute: The case involved a dispute regarding the appointments of two directors of Durham Condominium Corporation No. 139 made around September 12, 2018, which led to the involvement of the Condominium Authority Tribunal.

Expired Settlement Offer: A settlement offer made by the Respondent on April 18, 2019, was considered expired as of April 25, 2018, and despite the Applicant's proposed acceptance, it was not in force. This ultimately led to the agreement for a Consent Order.

Ratification by the Board: The Respondent's board of directors (the "Board") ratified the questioned director appointments during their meeting on June 3, 2019. This ratification was deemed to have occurred as of the September 12, 2018 meeting and would be attached to the minutes of that meeting. Additionally, a specific phrase in the minutes of the December 13, 2018, meeting was to be deleted.

Document Delivery: The Board agreed to provide the Applicant with a copy of the ratified minutes from their June 3, 2019 meeting and an amended version of the December 13, 2018 meeting's minutes after approval, within seven days of their July 2019 meeting.

Costs: There was no order for costs to be paid by either party in this Consent Order.

Recommendations: 

Maintain Accurate Records: Condominium corporations should ensure that they maintain clear and accurate records of all decisions and appointments. In this case, the dispute arose due to unclear records regarding director appointments. Having well-documented records can prevent such disputes and promote transparency.

Timely Resolution of Disputes: Disputes within condominium corporations should be addressed promptly. A timely resolution can prevent issues from escalating and potentially save time and resources. It's advisable to explore options for dispute resolution, such as Consent Orders, which can lead to amicable settlements.

Compliance with Regulations: Condominium corporations should stay updated on relevant regulations and ensure that their actions and decisions comply with the Condominium Act or other applicable laws. This can help prevent disputes related to governance and appointments.

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