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Kalinitchenko v. York Region Common Elements Condominium Corporation No.1219 - 2021 ONCAT 10 - 2021-02-08
Corporation:
KYRCECC 1219
Date:
2021-02-08
Summary:
In the case of Kalinitchenko v. York Region Common Elements Condominium Corporation No. 1219, the applicant raised a preliminary issue regarding the quorum of the respondent's Board of Directors. The applicant argued that the board had lost its quorum, making it unauthorized to retain representation for proceedings. The respondent did not provide evidence or submissions to counter this claim. The Condominium Authority Tribunal (CAT) recognized that the appointment of a representative is a business matter requiring a quorum decision by the board of directors. The CAT cited previous cases and concluded that it has jurisdiction to consider whether a representative is authorized to act on behalf of the corporation. The hearing was adjourned for up to 45 days, during which the respondent had to demonstrate its board's quorum or take corrective action.
Under:
CAT Decisions - Motion Order
Access to Records
Verdict:
In the case of Kalinitchenko v. York Region Common Elements Condominium Corporation No. 1219, the Condominium Authority Tribunal (CAT) determined that the Respondent's Board of Directors had lost its quorum and therefore lacked the authority to retain representation in the proceedings. This decision underscores the importance of adhering to the legal requirements, particularly quorum, in condominium corporation matters. The CAT adjourned the hearing, giving the Respondent 45 days to provide documentation confirming the board's proper constitution and quorum. Failing to do so would result in the proceedings continuing without the Respondent's participation, emphasizing the significance of complying with legal provisions in such cases.
Takeaways:
The case of Kalinitchenko v. York Region Common Elements Condominium Corporation No. 1219 revolves around an issue concerning access to records in a condominium corporation.
The applicant argued that the Board of Directors of the respondent corporation had lost its quorum, making it unauthorized to retain representation for the proceedings, which was necessary for the case's legitimacy.
The Respondent failed to provide any submissions or evidence to refute the applicant's claim, emphasizing the importance of substantiating one's position during legal proceedings.
The Condominium Authority Tribunal (CAT) asserted that the appointment of a representative is considered a business matter and should be authorized by a quorum of the board of directors, as required by the Condominium Act.
The CAT decided to adjourn the hearing to give the Respondent an opportunity to demonstrate that it has a quorum or take necessary steps to remedy the situation within 45 days. Failure to do so would result in the Stage 3 hearing proceeding without the Respondent's participation.
Recommendations:
Maintain Quorum: Condominium Boards of Directors should ensure they maintain a quorum as required by the Condominium Act, 1998. This is essential for conducting official business, including appointing representatives for legal proceedings.
Promptly Address Board Vacancies: When a vacancy arises on the Board, especially to the extent that it impacts the quorum, it is crucial to promptly address the situation. Condo corporations should adhere to the Act's provisions and hold meetings to fill vacancies within the stipulated timeframe.
Cooperate with Legal Proceedings: Respondents in legal proceedings should provide clear submissions and evidence to support their position when challenged. Failure to do so can lead to adjournments and potential unfavorable outcomes. Timely cooperation ensures efficient and fair resolution of disputes.