Sunday, August 30, 2009

Condominium Directors

What does the board of directors do?
The Condominium Act 1998 says that the “board of directors shall manage the affairs of the corporation.” [1]


Who can be a director?
Any “typical” person can be a condominium corporation director.


But what is a “typical” person?
Well, a “typical” person is a person like you and me: [2]
- an adult (i.e., 18 years or older);
- not in bankruptcy now (i.e., not an undischarged bankrupt);
- not insane, nor mentally challenged (i.e., not a mentally incompetent person).


So, according to the Act, a director does not have to be a unit owner of the condo, nor someone living in the condo.


In fact the person can be totally unrelated to a condo. Hypothetically, if you ask John Doe, who just happens to be walking by, to be a director of a condo corporation, and if he agrees to it, and gets elected at the AGM, then he is a director of the condo corporation.


Thus it really does not matter whether any of the directors are closely or loosely related (such as siblings, parents and children, or spouses). As a matter of fact, the 880 Grandview Way building (TSCC 1446) in its first year (2002), two of the directors were husband and wife. And this year (2009), again two of the directors are husband and wife.




[Note 1] The Condominium Act 1998, section 27, subsection 1.
A board of directors shall manage the affairs of the corporation.


[Note 2] The Condominium Act 1998, Section 29, subsection 1.
No person shall be a director if,
(a) the person is under eighteen years of age;
(b) the person is an undischarged bankrupt; or
(c) the person is a mentally incompetent person.



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