Following the publication of the article titled “Freedom of Speech & Defamation”, a unit owner emailed me the following questions:
- Can a person with a criminal record pursue the goal of becoming a member of a Condominium’s Board of Directors?
- Can a person, who belonged to a regulated profession, convicted by “The Professional Conduct Tribunal”, and expelled from the professional institution, pursue the goal of becoming a Board member?
Before I voice my personal opinion (not authoritative verdict), I find it extremely useful to reproduce the portion of The Condominium Act that has a direct relevance to the answer at stake:
Condominium Act, 1998, S.O. 1998, c. 19
29. (1) No person shall be a director if,
(a) the person is under eighteen years of age;
(b) the person is an undischarged bankrupt; or
(c) the person is incapable of managing property within the meaning of the Substitute Decisions Act, 1992. 1998, c. 19, s. 29 (1); 2009, c. 33, Sched. 2, s. 17 (1).
(2) A person immediately ceases to be a director if,
(a) the person becomes an undischarged bankrupt or incapable of managing property within the meaning of the Substitute Decisions Act, 1992; or
(b) a certificate of lien has been registered under subsection 85 (2) against a unit owned by the person and the person does not obtain a discharge of the lien under subsection 85 (7) within 90 days of the registration of the lien. 1998, c. 19, s. 29 (2); 2009, c. 33, Sched. 2, s. 17 (2).
The answer to both questions is YES. Obviously the Act doesn’t care if you are a criminal or not, and how long your rap sheet is. If you are eighteen-year-old and above, you haven’t declared bankruptcy or managed to obtain a discharge for a declared bankruptcy, there is no lien registered against the unit owned by the Board member, and no medical authority has labelled you as a person with “Diminished Mental Capacity”, you can become and remain a Board member as long as unit owners are endorsing your candidacy during elections.
One more time, do not interpret my answer as an “Authoritative Verdict”. Consult a lawyer if the matter has a very serious impact on your most valuable investment-your condominium.
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