A DV I C E Rules determine elections in condos
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.
Condo corporations must provide copies of the reserve fund study upon the written request of a condo owner, says lawyer Robert Noce.