Sunday Province

August 16th, 2009

Dear Condo Smarts: What do you do when you have an owner that is always costing your strata money? At our annual general meeting in June, we almost elected a great council. The exception was an owner who caused so much trouble that when she was nominated and elected (because we didn't have more than seven nominated), the five remaining council members immediately resigned. The last lawsuit she caused left us $20,000 poorer because she refused an alteration to the interior of a unit for a special needs person. Help.

- Jenny, Abbotsford

Dear Jenny: If you apply the Standard Bylaws and Section 50 of the Act, you will discover two distinct provisions that will help you . The first is that in the Standard Bylaws, there is only a requirement for your strata to have a minimum of three and a maximum of seven council members. It is not mandatory to elect seven. Many strata corporations feel obliged to accept everyone just because they are nominated. This is not true unless your bylaws specifically require that all seven positions must be filled.

Section 50 of the Act is the second part. At general meetings, matters are decided by a majority vote, unless a higher vote is required for a 3/4 vote or unanimous resolution in the Act or regulations.

So the strata corporation by majority votes, then decides who is elected to council. Whether you do this by secret ballot or by show of hands, the result is that those persons who are elected by a majority of the votes cast for or against the resolution will determine who is elected to council.

There is no provision in the Act or the bylaws for acclamation by nomination. It still requires a majority vote of the owners to elect those nominated.

A word of caution: Many strata corporations have adopted different governance bylaws that address elections, nominating committees and voting thresholds for council election or removal, so double-check your bylaws first. It is also helpful for strata corporations to adopt bylaws that address voting eligibility. If the strata corporation is entitled to file a lien against a strata lot, a nominee is not eligible to be elected to council or to continue to sit on council with the proper bylaw amendments.

Lastly, before you elect someone to council, make sure they are eligible. I did a title search on the unit of this council member and discovered she is not on title. She is the spouse of an owner and, because the strata have no bylaws permitting the spouse of an owner to be elected, she is ineligible to be on council. The strata could have saved a lot of time and trouble just by asking her ownership status.

By: Tony Gioventu is executive director of the Condominium Home Owners' Association.

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