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Number of Board Members
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?
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5 Replies
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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.
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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 There have been many changes to the requirements in the Act and Regulation; your bylaws may be outdated.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?
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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?
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