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Special Resolution Votes
Our condominium corporation had two special resolution votes on updating our existing bylaws and how condo fees were calculated. Both votes did not garner the 75% necessary to make a change by the date set by the board so owners were informed that the existing bylaws and fee calculation would remain the same. Our property manager stated to the board chairperson that the special resolutions are not considered closed out and that votes can continue to be tallied. If the board sets a date when all votes are to be collected, does this not close out what owners are voting on? These were a very contentious vote so if the property manager is right, then this in theory could have no end date at all until eventually the 75% criteria is met and can result in even further division amongst owners.
Any comments would be appreciated.
Regards,
Brian Boyle
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2 Replies
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I would ask the corporation’s lawyer for clarity as you’ve said this is a contentious issue.
It is my understanding that the “approve” votes stand until the resolution is passed. If a unit that voted approve is sold, then the new owner will have to vote approve again though. It’s my understanding that owners can change their vote by submitting a new ballot.
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That seems so very contrary to what we learn for example with electoral votes where once the votes are counted that is the decision.
I think you are right that it may be a good idea for the board to consult a lawyer on this.
Thank you for taking the time to respond to this question.
Regards,
Brian
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