When the board delays notice – and then misleads you about your rights.
Under Section 23(2) of the Condominium Act, 1998, a condo board must provide written notice to all owners before initiating most legal actions, including appeals.
The purpose?
To give owners an opportunity to review the issue, assess the risks, and – if needed – requisition a meeting to challenge or stop the litigation. That’s how checks and balances are supposed to work.
But at WNCC No. 37, that’s not what happened.
📅 The Timeline That Shouldn’t Have Happened:
- Appeal initiated: September 2024
- Owner notice sent: February 2024 – five months later
- Content of notice: “No action is required on your part.”
This wasn’t just late – it was substantively misleading.
⚖️ What the Act Actually Says
- Section 23(2): The board must give written notice to owners before starting legal proceedings (except common expense collection).
- Section 46(1): Owners representing at least 15% of units can requisition a meeting for any lawful purpose – including challenging or halting board-initiated litigation.
In other words:
- You have the right to know.
- You have the right to act.
- The board is legally required to give you the chance to do both.
🚨 What Went Wrong
Instead of complying with the Act:
- The board waited five months after filing an appeal.
- They incurred legal costs and committed to strategy without input.
- Then they downplayed the issue, telling owners “no action is required.”
That’s not merely unhelpful. It’s deceptive.
Because action was required – by the board, in the form of timely notice.
And action could have been taken – by owners, under section 46, if they had been told the truth.
🧾 What a Compliant Notice Would Say
A proper, lawful notice should have included:
- A plain-language summary of the litigation
- Expected costs and rationale
- A reminder that owners have the right to requisition a meeting under Section 46 if they wish to object
Instead, owners were told:
“Nothing to see here.”
And by the time they did see it – the legal bills were already mounting.
đź“Ś Final Thought
Transparency isn’t a favour. It’s a statutory duty.
Telling owners “no action is required” isn’t just dismissive – it’s an attempt to silence the legal rights provided by the Act.
And when a board misrepresents your rights – especially around litigation and money – they aren’t acting in good faith.
They’re hoping you won’t notice.
👉 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.
đź“ť 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.
