A plus-one
Who is this board person we didn’t vote for?
Q. We just completed our annual general meeting and four positions were available to be filled on the board. We elected four directors into office at that meeting. The meeting was then formally adjourned. However, when I received the minutes of the annual meeting, it was indicated that after the meeting, a fifth person was appointed as a director. When I questioned the board, they said it would be better to have five board members instead of four and since this owner was willing to volunteer, they appointed him to act as a fifth director. Our bylaws indicate that we have four board members. Was it legal for our board to appoint a fifth director? I am concerned the board will make other decisions that are not appropriate without the owners’ knowledge. A. Once a meeting is adjourned, it is over. If your bylaws state your condo requires only four directors, then the election process was com- pleted properly at your meeting. Three is the minimum number of directors required by the Condominium Act.
What happened after your annual meeting was against the Condo Act. The board does not have the option to appoint a fifth director. If the board would like to increase the number of board members to five, they must amend your current bylaw, as outlined in the Condominium Act of Ontario.
The board would do this by calling another meeting of owners to vote on an amendment to the bylaw in order to change the number of directors to five. Once the amended bylaw is confirmed, an election must take place so owners can vote for the fifth director.