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Can Survey Monkey or Similar Platform be Used for A Bylaw Vote?
Just wondering if survey monkey or a similar platform could be used in a bylaw vote? There is a general apathy amongst owners to mail in votes or attend a town hall so just wondered if this had ever been used and would be considered “legal”.
Thank you
Brian Boyle
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3 Replies
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A lawyer would provide a better answer but my understanding is that Alberta Land Titles requires a director of the condo corporation to confirm that the special resolution thresholds have been met. It’s up to the board member who signs the Land Titles form to be confident that the owners did approve of the new bylaws per legislation.
Generally owners will show their approval by signing and returning a written resolution.
Perhaps try sending the written resolution to owners through Docu Sign or Dropbox Sign. A digital signature from each owner is probably the same amount of work as filling out a survey, but provides more confidence. Hopefully your condo manager can send out the requests for digital signatures.
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If you did use another format such as survey monkey or wpform for obtaining copies of votes in a special resolution, how would you monitor numbers of owners entitled to vote for a special resolution. Don’t forget that a special resolution requires 75% of unit factors AND 75% of persons eligible to vote. When the form goes out would it have to go out to all persons eligible to vote or just ask each person eligible to vote to send in their own response?
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The signors who submit the bylaws to Land Titles Office have a serious legal responsibility.
You need to have good supporting documentation in the event owners dispute the credibility of the bylaws.
DocuSign or similar software might be ok, but you cannot effectively determine who people are using Survey Monkey or equivalent.
In my experience, we rarely realize how necessary documentation is until it is too late!
