Condo Owners Forum

"It's about community. It's about bringing people together. It's about creativity and service. It's about making the community in which we live a really good place to be." - In Miscellaneous Quotes, by Andy Stoll

Home COFSAB Forum Governance and Management Number of Board Members

  • Number of Board Members

    Posted by maria-mirkagmail-com on February 22, 2023 at 1:47 pm

    I was told that the Condominium Act specifies that the condominium corporation must be governed by a Board consisting of at least three directors. I have looked at both the Act and its regulations and cannot find the actual page or section where this particular number is specified. Is anyone able to direct me?

    maria-mirkagmail-com replied 1 month ago 3 Members · 5 Replies
  • 5 Replies
Please spread the word!
  • Dana-ConvergeCondo

    Member
    February 22, 2023 at 1:56 pm

    Hi Maria, Condo corps can have only one director if the bylaws allow it. Most condo bylaws require at least 3 or 5 board members, but that’s not required by condo legislation.

    Please spread the word!
    • maria-mirkagmail-com

      Member
      February 22, 2023 at 2:05 pm

      So it is the bylaws that usually state the minimum number of board members and not the Act or its regulations. Is that correct?

      Please spread the word!
      • Dana-ConvergeCondo

        Member
        February 22, 2023 at 2:14 pm

        The Act says that there has to be a board, it just doesn’t specify how many people need to be on the board.

        If the bylaws have a minimum number of board members listed then you have to meet that requirement otherwise any unit owner of the corporation could petition the court to appoint an administrator of the corporation (which is expensive).

        It’s ideal to have more board members than less because more minds tackling issues will hopefully lead to better outcomes. Having more board members also helps spread around the liability associated with being a board member of a corporation.

        Please spread the word!
  • calgarymark-2

    Member
    February 22, 2023 at 4:44 pm

    Hello Maria:

    The Condominium Property Act specifies:

    “Board of directors

    “28 (1) A corporation shall have a board of directors that is to be constituted as provided by the bylaws of the corporation (emphasis added).

    “(1.1) At least 2/3 of the membership of the board of directors of a corporation must be unit owners or mortgagees unless the bylaws provide otherwise.”

    You should consult your bylaws to see what they say about the size of the board. If your bylaws are more than (say five) years old, consider updating them. There have been many changes to the requirements in the Act and Regulation; your bylaws may be outdated.

    As to the size of a board: it depends. My 175-unit condominium has a board of seven. We started with five members nearly 30 years ago. Consider the size of your development and what happens if one board member is away; can you make a good decision if there are only two members present? Do you have a large enough development to recruit five members?

    Please spread the word!
    • maria-mirkagmail-com

      Member
      February 22, 2023 at 5:23 pm

      We have an extremely small condo corporation and our bylaws do not specify how many members there should be on our board. Our community says that we can have any number of members on the board including the number 2 or 1! I felt this was wrong and there had to be at least 3 people on a board if the Act specifies that 2/3 of board members must be unit owners. What I am really getting at is this… the Act does specify a board must have at least 3 board members simply by stating that 2/3 of board members must be unit owners. Am I wrong in this assumption?

      Please spread the word!
Please spread the word!
Verified by MonsterInsights