Last night, our “moderator” boldly declared that the Board is not required to give notice when the corporation starts a lawsuit.
That statement is 100% false.
Here’s the actual law – not opinion, not interpretation – word-for-word from the Condominium Act, 1998 (Ontario):
🧾 Section 23 — Action by Corporation
(1) Subject to subsection (2), in addition to any other remedies that a corporation may have, a corporation may, on its own behalf and on behalf of an owner,
(a) commence, maintain or settle an action for damages and costs in respect of any damage to common elements, the assets of the corporation or individual units; and
(b) commence, maintain or settle an action with respect to a contract involving the common elements or a unit, even though the corporation was not a party to the contract in respect of which the action is brought.
Notice to owners
(2) Before commencing an action mentioned in subsection (1), the corporation shall give written notice of the general nature of the action to all persons whose names appear in the record of the corporation required by section 46.1 or are required by that section to appear in that record except if,
(a) the action is to enforce a lien of the corporation under section 85 or to fulfil its duty under subsection 17 (3); or
(b) the action is commenced in the Small Claims Court.
1998, c. 19, s. 23 (1)-(2); 2015, c. 28, Sched. 1, s. 2.
💡 What This Actually Means (in simple English)
- The Board must send written notice to all owners before starting any lawsuit – period.
- The only exceptions are:
- If it’s a lien for unpaid condo fees, or
- If it’s a Small Claims Court case (under $35,000).
- Every other kind of legal action – CAT appeals, Superior Court applications, injunctions, enforcement actions – requires notice in advance.
🚨 Why This Matters
If the Board launched or joined any lawsuit (for example, appealing the CAT decision) without first notifying all owners in writing, it broke the law under section 23(2).
The law isn’t ambiguous. There’s no “I don’t have the numbers at my fingertips” excuse here.
So the next time someone on stage pretends to “clarify” the Act, maybe ask them to read it first.
📰 For more resources, rulings, and real examples, visit CondoTribune.com.
📣 Because knowing your rights is the first step to enforcing them.
👉 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.
👉 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.
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.
