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Home COFSAB Forum Legislation, Bylaws and Rules Voting Rights of Owners – Do Parking Spots constitute an extra vote?

  • Voting Rights of Owners – Do Parking Spots constitute an extra vote?

    Posted by Tracey Boyle on August 29, 2023 at 9:59 am

    Good Morning:

    This is a strange question but our corporation is going to be having an AGM shortly and there is an owner who is adamant that parking spots because they have a unit factor of one and are owned, constitutes a unit which entitles that person to extra votes based on the definition of 26(1):

    Voting rights
    26(1) The voting rights of the owner of a unit are determined by
    the unit factor for the owner’s unit.

    The corporation’s bylaws follow the definition of unit but do not specifically state “residential unit” as per 1 (1)w.

    The concern is that this is going to disrupt the meeting as the individual is known to do this for shock effect. Is there anything specifically in the legislation that states voting is based on residential units and is typically one vote per unit.

    Thank you in advance for any information that you can provide.

    Kind Regards,

    Tracey Boyle replied 6 months ago 2 Members · 2 Replies
  • 2 Replies
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  • Dana Bouwman

    Member
    August 29, 2023 at 2:58 pm

    Hi Tracey!

    Yes, individually titled parking stalls and storage lockers are their own unit with unit factors. But most decisions in a general meeting are decided by ordinary resolution…. Meaning that it is one vote per residential unit and unit factors are not normally not taken into account.

    Unit factors are only taken into account for special resolutions, or for an ordinary resolution conducted by poll vote. Most condo bylaws allow a unit owner to demand a poll vote instead of a vote by hands for an ordinary resolution. Review your bylaws to see if this is the case. But it’s usually not the best use of time to conduct a poll vote for an ordinary resolution unless the topic is polarising.

    To answer your question about legislation, voting by ordinary resolution is not defined in legislation. So review your bylaws to see how ordinary resolutions are conducted. If your bylaws do not specificity how to conduct ordinary resolutions, then it’s likely that your bylaws state which parliamentary procedures your corporation uses (often Roberts Rules of Order).

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  • Tracey Boyle

    Member
    August 29, 2023 at 3:24 pm

    Thank you for the response to this question.

    Kind Regards,

    Please spread the word!

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