Dear Tony: Our strata council has decided to avoid holding a meeting to discuss a major change in the use of our property. We are a gated community and the current council doesn’t want to pay for gate maintenance any longer and wants to remove the gate.
They have sent out a notice with a proxy form and mail-in ballot that requires each owner to vote yes or no, and they advise that they will inform the owners of the decision by Nov. 15. Is this permitted?
Daria B., Vernon
The Strata Property Act does not permit mail-in balloted or proxy-vote-only meetings.
The intention of the legislation is to ensure eligible voters have the opportunity to discuss the proposed resolutions — or, at the very least, to require every eligible voter to consent to waiving notice of a meeting and any proposed resolutions.
Any significant change in the use or appearance of common property or a common asset requires a three-quarters vote at an annual or special general meeting.
The exact wording of what is being approved or altered must be included in the resolution to confirm the strata council has the authority to proceed with the changes, if the resolution passes.
If a strata corporation is unable to hold a meeting due to time constraints, or in the case of vacation properties where owners are only present in the summer, the strata corporation can issue a notice of waiver of meeting.
A notice of waiver works well for small strata corporations, as it enables expedient decisions, but for large strata corporations such as yours, with more than 100 units, it’s difficult for the waiver to pass.
A notice of waiver requires that every eligible voter agree in writing that they are waiving notice of a meeting and that they support the resolution.
In addition, if there is more than one person on title, all of them must consent to the waiver of meeting and the resolution.
If one strata lot does not agree or simply does not respond, the proposed resolution does not pass.
I would advise anyone implementing a notice of waiver to confirm that their ownership list is up to date, or it may be necessary to conduct title searches to confirm the names of all owners on title.
When the strata corporation issues a form that indicates this is a notice of waiver of meeting, it requires all eligible voters, including multiple owners, to sign, consent and return the form.
The strata corporation must retain copies of the waivers and consents. Any owner, tenant or person authorized in writing by the owner or tenant is entitled to view or request a copy of the waivers and consents.
If a Form B Information Certificate is requested during this period, the strata corporation must disclose if a notice of waiver has been issued for a three-quarters vote, and any three-quarters resolution that has been passed but not yet filed in the Land Title Registry, if required.
A notice-of-waiver proceeding is much more complicated then simply sending out a notice. Speak to a professional before you send out your waiver.
Tony Gioventu is executive director of the Condominium Home Owners Association.
