A DV I C E Rules de­ter­mine elec­tions in con­dos

Calgary Herald New Condos - - New Condos - ROBERT NOCE

Dear Robert: Is it pos­si­ble to legally form a new board of di­rec­tors for a con­do­minium cor­po­ra­tion with­out hav­ing the unit own­ers nom­i­nate prospec­tive new mem­bers at an an­nual gen­eral meet­ing?

Is there an al­ter­nate method of ap­point­ment (ac­cla­ma­tion) that does not re­quire the nom­i­na­tion process?

Our by­laws re­quire the board to be cho­sen at an elec­tion.

An­swer: The process for elect­ing a board is gov­erned by the by­laws of the con­do­minium cor­po­ra­tion, to­gether with the Con­do­minium Prop­erty Act.

The by­laws should also in­di­cate how many board mem­bers are to be elected at the an­nual gen­eral meet­ing.

There­fore, if the num­ber of peo­ple who come for­ward seek­ing a board po­si­tion is fewer than the avail­able po­si­tions, there will be no need for an elec­tion, as all mem­bers would be ac­claimed to po­si­tions on the board.

Help­ful hint: The con­do­minium cor­po­ra­tion’s set of by­laws is the key doc­u­ment in un­der­stand­ing the process for elect­ing board mem­bers.

Dear Robert: My condo re­cently gave all units a spe­cial as­sess­ment based on the re­serve study, but they have not pro­vided us with a copy of this doc­u­ment. The man­age­ment com­pany says that I need to pay for this.

As well, they have re­cently been work­ing on up­dat­ing the condo by­laws, but will not give me a free copy. Is this nor­mal?

An­swer: The reg­u­la­tions un­der the Con­do­minium Prop­erty Act, which ap­ply to ev­ery con­do­minium cor­po­ra­tion in Al­berta, state that a cor­po­ra­tion, on the writ­ten re­quest of an owner, must within 10 days from the date of the writ­ten re­quest pro­vide to that owner a copy of the re­serve fund study.

It is not un­usual for the con­do­minium cor­po­ra­tion and/or prop­erty man­age­ment com­pany to charge a fee for the cost of pho­to­copy­ing the re­serve fund study.

As well, it is not un­rea­son­able to pay for the cost of pho­to­copy­ing a set of draft by­laws.

Help­ful hint: Some con­do­minium cor­po­ra­tions and prop­erty man­age­ment com­pa­nies give own­ers the op­tion of a hard copy of the re­serve fund study (for a fee) or an elec­tronic ver­sion of the re­serve fund study by way of e-mail (for free). Nei­ther ap­proach is un­rea­son­able.

Cal­gary Her­ald Ar­chive

Condo cor­po­ra­tions must pro­vide copies of the re­serve fund study upon the writ­ten re­quest of a condo owner, says lawyer Robert Noce.

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