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karebearbennettgmail-comAdministratorApril 10, 2022 at 5:42 pm
I am aware of a situation where the board of a corporation decided it didn’t need to follow the requirements of neither the CPA&R nor the corporation’s bylaws. A group of owners took the board (thus the corporation) to court to correct the issue. Eventually the board backed down (after getting condominium-knowledgeable legal advice) but the whole process cost a lot of dollars, paid directly by the litigating group on one side and all the owners (including the litigants) on behalf of the board/corporation. There were also court costs, not for a trial but for the court to agree the negotiated settlement. The litigants recovered some of their court-ordered costs, but also paid them again through the corporation.
As TerryG noted, a lot of money and a lot of time was wasted. A negotiated settlement with a mediator or arbitrator, or through the much-needed Dispute Resolution Tribunal, would have resolved the issue promptly and economically.
Apologies for the delay in responding, due to forum access issues, obviously now resolved. Thanks, Admin!