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[Sticky] Size of Condo Boards
Is there anywhere in the Act or Regulation that REQUIRE Condo Boards to be between 3 and 7 members? I've seen this mentioned in the "proforma" bylaws in the Act (Section 33) and the Regulation Appendices. Is this specifically in the Legislation (the Act, the Amendment, and/or the Regulation) or is this merely a suggestion? Our Bylaws say 9 members Is this in contravention of the Legislation or not?
Section 28 1 of the act says there has to be a board as defined by the bylaws. So if your Bylaws allow for up to 9, must have 9, or whatever, that's what is acceptable in your corporation.
Section 33 says 'On the registration of a condominium plan, the bylaws of the corporation are the bylaws set out in Appendix 1, and those bylaws remain in force in respect of that corporation until they are repealed or replaced. '
If your corporations bylaws are silent on the number of members of your board than the default regulations would apply.
This is part of the new regs schedule 4 is the default bylaws
Election of the Board
5(1) The board shall consist of not less than 3 and not more than 7 individuals.
(2) Notwithstanding subsection (1), if there are not more than 2 owners, the board
may consist of at least one and not more than 7 individuals.
Oops.... you are right.... this is Appendix 1 to the Act, the suggested bylaws. I'm afraid I blew it. Thank you for correcting me.
It looks like the Act is silent on the issue of maximum directors so I imagine there is no problem with having 9 directors. Good to know because I believe we should never turn away good volunteers who want to work on a condo board and with 9 directors it is much easier to spread the workload and also have meaningful committees of the board to do a lot of the work that would otherwise extend the time and efficiency of board meetings.
I believe that 5 or 7 are the optimum number of directors.
If there are more, it can be hard to facilitate effective meetings.
If more people want to be active in managing the condo, it is to establish committees. I believe most condos should have committees, as they both take a load off the Board and they get people involved who might not be prepared to go on the Board, at least initially, because they are unaware/afraid of the responsibilities of a Board Member or think they don't have the qualifications. In my opinion, all Owners have many of the qualifications to be a Board Member. And all Board Members can learn how to manage condos more effectively.