A number of recent court decisions have dealt with the decision-making authority of condominium boards of directors. The courts have consistently said that, when a board is fulfilling its mandate or responsibility, the board’s decision should be upheld, unless:
- The decision contravenes condominium legislation, Human Rights legislation or another applicable law. [In some provinces, condominium legislation regulates “oppressive” or “unfairly prejudicial” decisions by the board.]
- The decision is arbitrary, or patently unreasonable. In other words, there is no possible basis for the decision.
Halton Condominium Corporation No. 315 v. Gucciardi [Ontario]
Albert County Condominium Corp. No. 1 v. Matthews [New Brunswick]
Frontenac Condominium Corporation No. 49 v. McLeod and Kerr [Ontario]