Directors – Heed Your Duties Or Beware!

Being elected to the board of a condominium corporation comes with many duties and obligations. Directors have a duty to act in good faith and in the best interests of the all of the owners. The Board as a whole has a duty to ensure compliance with statutory responsibilities, including maintenance and repairs of the common elements. Where board members fail in their duties, unit owners pay the price. Two recent cases highlight this point.

Wu v. Peel Condominium Corporation No. 245

In the case of Wu v. Peel Condominium Corporation No. 245, the complainant owned a unit on the top floor of a high-rise condominium. Her unit was directly under the level which houses the building's mechanical, elevator, and HVAC equipment. She claimed that she started experiencing an unacceptable level of noise and vibration in her unit. Others made the same or similar complaints.