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Expensive Tony:
What will we do if our strata council won’t maintain a particular normal assembly that the homeowners have petitioned? Our council frequently violates our bylaws and the Act and fails to implement bylaws. After firing our gardeners, they bought landscaping tools with out the authority to spend the funds or terminate the contract. Thirty-five per cent of our homeowners signed a petition demanding a particular normal assembly to take away and elect a brand new council, however the present council has refused to convene the assembly.
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— Marilyn D.
Expensive Marilyn:
The Strata Property Act offers a transparent provision for petitioners if a strata council refuses to convene a petitioned assembly. If the council fails to convene the assembly inside 4 weeks after the assembly was petitioned, the petitioners could give discover of a particular normal assembly supplied they adjust to the discover necessities and provisions of the Act and bylaws respecting the calling and holding of a particular normal assembly.
The discover should embrace the proposed agenda and any resolutions, such because the elimination of the council and the election of a brand new council. It should embrace the date, time and site, whether or not in particular person or an digital deal with and have to be issued 20 days written discover to every strata lot or proprietor upfront of the assembly.
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The petitioning homeowners who concern the discover may additionally need to contemplate having a lawyer current on the assembly to make sure the procedures are adopted for registration, certification of proxies, issuance of voting playing cards, and to scrutinize the voting procedures and outcomes.
A strata council that has gone rogue and never responded to a legitimate petition will probably be confrontational and disruptive in your try and convene a particular normal assembly. This will additionally require some safety at your assembly.
One of many data the petitioners would require is the proprietor record to find out the correct mailing addresses for discover. When the strata homeowners concern a petition, request a duplicate of the present proprietor record with present mailing addresses and e-mail addresses if used for discover. The strata council could refuse to offer this data, nevertheless it have to be supplied inside 14 days of a written request so it might coordinate with a petitioned assembly.
Along with the registration course of, verify you’ve got a delegated particular person to be elected to chair the assembly and an individual to take minutes of the assembly. Recording the proceedings could also be useful proof if this evolves right into a authorized dispute.
Tony Gioventu is government director of the Condominium House Homeowners Affiliation. Electronic mail [email protected].
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