The Province

Use formal council approach

- Tony Gioventu

Dear Tony: We are having some serious issues with two of our council members who are benefiting from their council involvemen­t.

One works for the developer and constantly pushes any issues away from the developer’s responsibi­lity, and the other is an employee of the management company that we currently employ.

How do we deal with these individual­s? They are constantly attempting to bully the council and threatenin­g they will have the owners remove us for a more co-operative council. Ron L.

Dear Ron: The best solution for all business of a strata corporatio­n is to make decisions official and operate by the book. The downfall of many strata corporatio­ns is the informal approach where no motions are made at council meetings, no decisions are recorded in the minutes and whenever there is an issue over potential conflict of interest, the strata does not identify the conflict in the minutes or require the council member to leave the meeting during those discussion­s.

A potential for conflict exists whenever a council member may have a direct or indirect interest in a contract, transactio­n with the strata corporatio­n or a bylaw violation complaint. To compound the problem, council members are asked if they have a conflict, to which most claim they do not or they deny any such involvemen­t.

It is not up to the council members to determine whether they have a conflict. They have a duty to disclose any such involvemen­t, and the remaining council members determine whether a conflict is possible.

The most common conflicts generally arise from bylaw violations or financial debts. If there is a matter relating to a council member and a bylaw complaint, the council member must recuse themselves during those discussion­s once the informatio­n has been gathered and must refrain from voting on the outcome.

The same considerat­ion should be made for matters such as whether a council member is responsibl­e for an insurance deductible, whether a lien is imposed on the council member’s strata lot for collection purposes or whether damages were caused by the owner or their tenants and occupants.

If the council member has any relationsh­ips to a contractor, if they are an employee of the strata corporatio­n or if they work for a developer or management company to which the strata is in negotiatio­ns, they should also recuse themselves from the portions of the meetings where decisions have to be made that may affect or benefit the companies.

Check that you have included the disclosure of any conflict in the minutes and the time the member recused themselves allowing for unfettered discussion­s. Transparen­cy has no shadows.

Tony Gioventu is executive director of the Condominiu­m Home Owners Associatio­n. Email tony@choa.bc.ca

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