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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98010
Experience:  Lawyer
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RE. Condo Act and Board Members ... Ontario, Property

Customer Question

RE. Condo Act and Board Members ...
Ontario, Property Management Company sent out notice a few months ago re. 3 extra locker units that were available for "auction" to condo owners if they needed some extra storage space. They did not mention any details about the units (so I assumed, as many did that they were same size as ones we had) but indicated that bidding would start at 5K. So many people didn't bother to show any interest - and I have some concerns re. transparency, integrity, fairness of how our property manager/board handled the situation for the following reasons:
- a few of the condo owners (maybe 2 or 3) that I know of that were "tipped" off of the sizes of the lockers (including the board members of course)
- the auction process was not "open" to public, not transparent and final owners of the units and/or price paid were not announced (ie. 2 board members purchased large 300 sq unit)
- all the people who purchased the units had an added advantage, in that they were aware of the size while others were not ... giving them an added advantage with less people being interested
So what recourse do I have per the Act? Other than asking to have an "owner's" meeting held to further discuss and fully disclose the process that was used for the selling of the units etc. Is there a specific clause in the Act that speaks about "disclosure" of purchased property etc. by people with conflicting interests (ie. Board members)
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

There is no specific provision that deals with this specifically.

But essentially you could easily argue that the board members owe all the owners a fiduciary duty and a duty of care.

Part of their duty certainly extends to treating all owners fairly and equally and they most assuredly cannot treat themselves better or benefit from their position.

I would say that in your case they seem to have been deceptive and dishonest if what you are alleging is true in terms of the trying to keep the size private.

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