Gerry Hyman has another column in the Saturday May 18th 2013 edition of the Toronto Star. Here are some of my thoughts from questions raised in his article:
Q. One of our directors made derogatory comments about other directors at a board meeting attended by all of the directors.
The board member now maintains that there should be no minutes of the meeting setting out those remarks, as the meeting was not properly constituted because the 10 days notice of the meeting was not given. Is he correct?
A. The Condominium Act provides that a director who attends a meeting shall be deemed to have waived the right to object to a failure to give the required notice, unless the director expressly objects to the failure at the meeting.
Mr. Hyman’s response is correct, with regards to notice for the meeting. However, he does not touch on the issue of the director’s remarks. These remarks are obviously unacceptable. The other directors should demand that the director either apologize or resign. Directors can have disagreements with each other (and if their meetings are run according to democratic principles, every director is entitled to his or her own opinion) this does not mean that a director can make derogatory statements. Continue reading
