Notice Requirements for Ordinary and Special Resolutions Signed by a Majority
Topic starter Posted : 04/10/2021 4:58 pm
@Jan and Roy
Normally resolutions are proposed at annual or special general meetings, which require that proper notice and wording of the resolutions be provided to all owners. However, the Act and Regulation appear to be mute on the requirement of notice for resolutions that are approved in writing without a convened meeting (CPA sections 1(1)(r)(ii) and 1(1)(x)(ii)). It would appear that, in a single day, a group of owners with sufficient unit factors could propose and pass a resolution without a chance for review or discussion without notifying the rest of the owners. Is anyone aware of any aspect in any legislation that would prevent this from happening?
This issue came to my attention because of what has recently happened in our condo. About four weeks ago, the vice president delivered, without prior notice, a copy of a proposed complete replacement of our bylaws with a cover letter from the property manager that told us we had two weeks to vote for approval or disapproval of them.
An actual resolution was not specified in the letter. The enclosed ballot only asked for support of the new bylaws and indicated that the actually voting would be kept confidential. Owners are not going to know whether the their votes were counted or recorded correctly. At a general meeting, voting for resolutions is not confidential and polling can be demanded to determine the result. The thing is a complete fiasco but how do you even begin to challenge it, given that the legislation appears to mute on the issue of notice for written approval of resolutions.
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