24/12/2021 – Jurisdiction Ontario
Part 77 published on 01/03/2022
Court orders AGM to be scheduled
The windows in the three high-rise buildings required replacement. The Applicants (44 owners) argued that the condominium corporation was obligated to comply with the Condominium Act (by holding an overdue AGM including an election of Directors) before entering into a contract for the repair and replacement of the windows. The Applicants also expressed concern about the Board’s reserve fund study and plan. The Court said:
There has been no AGM since October 2019. This is contrary to the Act which requires an AGM within six months of the year end. I order that an AGM is to take place as soon as possible. If the Covid restrictions limit the number of persons who can attend the meeting, the AGM will take place virtually. The Election of the Directors will take place at the AGM.
The Court said that the newly-elected Board would make decisions about the windows and about the reserve fund.
Unit Owners of YCC 42 v YCC 42