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Size of Condo Board...
 

[Sticky] Size of Condo Boards  

 
 DonM
(@donm)
Active Member Paid Members

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?

Quote
Posted : 12/01/2019 4:32 pm
(@phil)
Estimable Member Admin

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are the bylaws set out in Appendix 1, and those bylaws remain in force in respect of that corporation until they are repealed or replaced.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.

This post was modified 2 months ago by PhilR
ReplyQuote
Posted : 13/01/2019 1:14 pm
(@walter)
Active Member

If your bylaws say up to or 9 members of the Board, then your bylaws are off side the Condominium Prioperty Act. Section 4(1) of the Act says:

4(1) The board shall consist of not less than 3 and not more than 7
individuals.

ReplyQuote
Posted : 14/01/2019 5:54 pm
 DonM
(@donm)
Active Member Paid Members

Hi Walter,

You are referring to Appendix 1 (Section 33) which are the Bylaws that Condo Corporations start with.  These Bylaws can be modified by Condo Corp in the usual way that Condo Bylaws are amended.  If my case, the current bylaws say "between 5 and 9".

ReplyQuote
Posted : 14/01/2019 6:42 pm
(@walter)
Active Member

Nope.... I am referring to Section 4(1) of the Act itself which the suggested bylaws in the Appendix conform with. Section 4(1) states:

4(1) The board shall consist of not less than 3 and not more than 7
individuals.

ReplyQuote
Posted : 15/01/2019 3:39 pm
(@walter)
Active Member

Hi DonM,

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.

ReplyQuote
Posted : 17/01/2019 1:30 pm
 DonM
(@donm)
Active Member Paid Members

Thanks for this, Walter.

I do appreciate your point of view as to the advantages of have a larger board.

ReplyQuote
Posted : 18/01/2019 1:13 pm
(@terry-g)
Trusted Member

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.

ReplyQuote
Posted : 21/01/2019 5:18 pm
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