Owners have right to speak at AGM

At our annual meeting, there was to be a vote on a no-smoking rule. The meeting was chaired by the corporation’s lawyer. He allowed an owner to ask only one question and owners were not otherwise to speak — including commenting on the no-smoking rule. Can the chair refuse to allow owners to speak? The Condominium Act provides that, at an annual meeting, an owner may raise for discussion any matter relevant to the affairs and business of the corporation.

If an owner raises a matter for discussion, the chair must permit the discussion within reasonable limits. Owners of 12 of the 32 units in our condominium requested — in writing — that there be a meeting to discuss the obligations of the unit owners. The corporation’s president advised: “It’s not going to happen,” and she said that if we insisted, she would disband the board. Can she refuse the requested meeting? And could she disband the board? The Condominium Act permits owners of at least 15 per cent of the units to requisition an owners meeting. They may do this provided they are listed in the record of owners maintained by the corporation and are not in default in payment of their common expense contributions for 30 days or more. Also, the requisition must be in the prescribed form.

The board is required to call and hold the meeting as required by Section 46 of the Condominium Act. The president is not entitled or able to disband the board.

Our board recently implemented a front-door replacement program for all of our townhouse units. The corporation levied a special assessment on all of the owners because of insufficient funds in the reserve fund. The board advised that a schedule to our declaration makes all of the owners responsible for the same percentage of the corporation’s common expenses and that was how the special assessments were determined. Therefore, I must pay the same amount as owners with suites with double doors, even though I have only a single door.

I understand that the doors are not common elements but are part of each unit.

Doesn’t that mean that each owner is responsible for the replacement of the unit’s door and the cost is not a common expense to be shared equally by the owners?

If an examination of the corporation’s declaration shows that each door is part of the unit — and is not part of the common elements — each owner is responsible to replace the failed door. If an owner fails to do so within a reasonable time after learning of the need for the replacement, the corporation would be required to do it and at the owner’s expense.

Otherwise, the corporation is not entitled to replace the doors and to levy a special assessment on all of the owners.