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Home COFSAB Forum Legislation, Bylaws and Rules Owners majority vote for board of directors positions Reply To: Owners majority vote for board of directors positions

  • Mark Hambridge

    Member
    September 10, 2023 at 6:01 pm

    The Condominium Property Act (Sections 26 to 28) is silent on how board members will be elected at a general meeting.

    The bylaws at our condominium are silent on the method of election. In the past, nominations have been prepared by the current board to either re-nominate themselves or bring forward a new candidate to replace a ‘retiring’ (the language of the Condominium Property Act) board member. Then, the chairman calls for nominations from the floor.

    If there are more nominations than the number of board positions determined by the board, an election is held among those attending the annual general meeting, typically about 40 owners from the 175 units in our development. The ballot usually has the names of those running for election or re-election and write-in spaces for nominations from the floor. Voting is by placing an X or check mark against the names selected by the voter.

    Two scrutineers count the votes, and the five (or seven) with the highest number of votes are declared elected. It is not mandatory to vote for all five (or seven) positions – in fact, there are no rules about how many candidates are to be voted for. We may be instructed to ‘vote for the number of candidates to fill the vacancies’. If there were five vacancies and ten candidates, we would be instructed to vote for five.

    The result is an election of a board by a very small electorate, just those who attended the meeting and voted for some of the candidates; hardly representative of the owners’ will, but reflecting the concern of apathy mentioned by Terry Gibson.

    There are better ways to conduct an election; for general advice, see

    https://www.fairvote.ca/prforboardelections/

    Please spread the word!
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