According to the Condominium Act, 1998 (the “Act”), a person is not qualified to be a condominium director (in Ontario) if:
- the person is under 18 years of age;
- the person has an undischarged bankruptcy;
- the person is incapable of managing property within the meaning of the Substitute Decisions Act, 1992; or
- the person has a condominium lien against his or her unit, and the lien is not discharged for 90 days.
However, condominium corporations can also establish other qualifications for their directors by by-law, provided the qualifications are reasonable and in keeping with the Act and the corporation’s Declaration. Possible qualifications could include the following:
- Every director will be either an owner, the spouse of an owner, or the nominee of a limited company which is an owner or co-owner;
- If a unit has more than one owner, only one of those owners may be a member of the Board at any time.
- If two persons are co-habiting, only one of them may be a member of the Board at any time.
- A person immediately ceases to be a director if the person fails to attend three consecutive Board Meetings without providing an excuse which is reasonably satisfactory to the Board.
- A person immediately ceases to be a director if the person is an owner and any contributions payable in respect of the owner’s unit have been in arrears for 30 days.
- A person who is elected or appointed to the Board will, within three weeks of the election or appointment, provide to the other directors a Criminal Records Check, which is reasonably satisfactory to the Board (as confirmed by resolution of the Board excluding the newly elected or appointed director). If the person fails to provide a Criminal Records Check within the aforesaid three-week period or if the aforesaid Board resolution fails to pass, the person immediately ceases to be a director. In all cases, the corporation will reimburse the person for the cost of obtaining the Criminal Records Check.
These are just some examples. Other qualifications are possible – again, provided they are reasonable.