(And Why the Board Doesn’t Get to Override Them)
Living in a condo doesn’t mean giving up control – it means sharing it. As a condo owner in Ontario, you have legal rights under the Condominium Act, 1998, and the board is legally obligated to respect them.
Here’s a simple breakdown of what you’re entitled to – and what to do when those rights are ignored.
📂 1. The Right to Access Records
You have the right to see:
- Financial statements and budgets
- Meeting minutes
- Contracts and legal invoices
- Insurance policies
- Records of complaints and communications
📜 Section 55 of the Condo Act says the board must provide these within 30 days of a written request – or explain why they legally can’t. “We don’t want to” is not a valid excuse.
If they refuse without valid reason, you can file a case with the Condominium Authority Tribunal (CAT), which can order disclosure and award costs.
🗳️ 2. The Right to Vote and Run for the Board
As an owner, you can:
- Vote at owner meetings
- Submit a requisition for a special meeting
- Nominate yourself or others for election to the board
📜 Section 46 and 47 give owners these rights – they are the foundation of democratic condo governance.
💬 3. The Right to Requisition a Meeting
If at least 15% of owners sign a written request, the board must call a meeting to discuss or vote on important issues – including the removal of board members.
📜 Section 46(1) protects this right. Boards that ignore requisitions may be acting illegally.
📑 4. The Right to Notice
You must be given proper notice of:
- AGMs and special meetings
- Budget increases
- Changes to rules or by-laws
- Legal actions taken on behalf of the Corporation
📜 The Act outlines exact timelines for these notices – and failure to provide them can void the board’s decisions.
If the board refuses to call the meeting, you can apply to the Superior Court of Justice to compel them – and the court may also award costs.
💸 5. The Right to Transparency in Spending
You are entitled to know:
- How your fees are being spent
- What legal actions are underway
- Whether the board is using Corporation money to fight personal battles
📜 The board has a fiduciary duty (Section 37) to act honestly, in good faith, and in the best interest of the Corporation – not just a few board members.
If they breach this duty, owners can apply to the Superior Court under Section 135 (the oppression remedy) or Section 131 to remove a director or ask the court to appoint an administrator to take over the board’s powers.
The court can also issue orders, award damages, or restructure governance if it finds serious misconduct.
⚖️ 6. The Right to Fair Treatment
The board must:
- Enforce rules consistently
- Respect the Human Rights Code
- Avoid harassment or targeting of individual owners
📜 If they fail to do this, you may be entitled to legal remedies under Section 135 – the oppression remedy.
📣 Bottom Line:
You have rights. The Board has duties.
The Condominium Act is not optional, and no one on the board – no matter how long they’ve been there – is above it.
If your rights are being ignored, you’re not being difficult.
You’re holding people accountable.
👉 If you believe your rights have been violated, contact us confidentially through the Condo Leak Tipline at www.CondoTribune.com/tipline – your story matters, and you’re not alone.
📝 While we are not lawyers, we’ve spent years learning the Condominium Act, tribunal process, and case law – and we’re here to help point you in the right direction.
Disclaimer: This post is for general information purposes only and does not constitute legal advice. For legal guidance specific to your situation, please consult a qualified lawyer.
