A terminated AGM

TSCC #1549 is known as the Icon 2 and is an 18-storey condo tower located at 250 Wellington St W in Toronto's Entertainment District. It has 304 units.

It is a 15 year-old building that has Shared Facilities with the Icon 1. The majority of units are leased or are used as short-term rental units.

The AGM package
The AGM package made it clear that there were very serious differences between the majority of directors and a single minority director. Before we get into that, I think it is important to describe the positive accomplishments that the AGM documentation cites.

The finances are in good shape. A yearly Operating Fund Deficit was eliminated by transferring funds from the Operating Fund Surplus to balance the 2017 books. This permitted the board to raise the monthly maintenance expenses by a modest 1.xx%.

The Reserve Funds meet the Reserve Fund Study requirements and there is no sign that the bills are not being paid on time.

A roof-top renovation project has been completed and a planned hallway renovation project will start soon.

Differences in the board room
For years, the board was united and the owners gave the governance little notice as the building seemed well managed. Most of the owners are investors and they were pleased with the low increases in the monthly common expenses. There was little interest among the owners in running for the board and most directors were acclaimed to the position.

As few as 12 owners would show up for an AGM. Quorum was met by the use of proxies.

In November 2016, one of the directors became concerned when it appeared to her that the president was acting independently from the board and may be assuming the general contractor role for the upcoming hallway renovations.



Terminating the AGM
On Wednesday 13 December 2017, TSCC #1549 held its AGM .

There were two incumbents standing for re-election; the president Linda Pinizzotto and the minority director. A third director was to be elected to fill a vacancy that occurred due to a resignation.

Linda Pinizzotto, the Chair, opened the AGM at 7:42 pm and the meeting ended at 8:45 pm. Yet, no business was conducted. The auditor did not get to present his report on the audited financial statements nor were the director elections held.

Motion to replace the chair
Instead the majority of owners supported a motion put to the meeting by Jonathan Fine, a lawyer experienced in condominium law, demanding that Ms. Pinizzotto withdraw as chair.

Business was halted for about a half hour while the chair consulted with the corporation's lawyer.

Finally, Ms. Pinizzotto refused to step down as she said that her position as she claimed that her position as chair was confirmed by a motion passed by a majority of the board.

That announcement was met with skepticism and demands that the individual directors state on what date and time that the board meeting took place.

Termination
The chair's refusal to withdraw immediately resulted in a motion by Mr. Fine to terminate the meeting because the AGM was not properly called as it did not follow the time lines called for by the newly amended Act.

After some arguing back and forth, this motion was accepted by the corporation's lawyer. Voting was by a show of hands. By a vote of 36 to 19, the AGM was terminated.

COA and the board

The meeting room was set up for the AGM with rows of chairs positioned in front of the head table. A large COA banner was placed behind the left side of the head table.

What is COA?
In 2010, Linda Pinizzotto, a Mississauga Realtor, started an entity called Condominium Owners Association (COA) that claims to represent 1.3 million condo owners of residential and commercial condominiums in Ontario.

The majority of TSCC #1549's board , and the condo's lawyer, hold leadership positions with COA.
They are:

Linda Pinizzotto	President, CEO and founder of COA
Derrick Thomas	IT Director
Adam Sloboda	Committee member, Marketing (Mr. Sloboda recently resigned from TSCC #1549's board.)
John Bianchi	TSCC #1549's corporation lawyer is listed on their website as a COA Volunteer Professional.

As far as I know, TSCC #1549 has no official affiliation with COA even though references to COA was inbeded in the AGM package.

Other condo owner organiztions
COA is one of several individuals and small groups in Toronto that host websites to assist condo owners by giving advice to owners, lobbying politicians for changes to the Condo Act and speaking on behalf of Ontario's condo owners. They include:

2005	Ontario Condominium Owners Association that was started in 2005 by Moti R. Flaster.
2006	Canadian Alliance For Condominium Owners Rights (CAFCOR).
2008	Condo Information Centre by Anne-Marie Ambert.
2011	CondoMadness by H. Marshall
2012	Condominium Owners Union by Golam Chowdhury. (since folded)

CAFCOR stated a few years ago, at a public meeting, that it represents 10,000 condominium owners in Ontario. The other four websites have not disclosed any membership numbers.






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