Some Q&As on condo AGMs
Q: What percentage of unit owners is required to approve a modification of the maintenance and repair obligations contained in a condominium declaration?
A: 90%, as required by section 107(2)(d) of the Condominium Act, 1998.
Q: If two different proxy holders show up at an annual general meeting and they each hold a proxy from the same unit owner but the proxies were signed on different dates, which proxy is valid?
A: The most recent proxy is the valid one, often because most forms of proxy contain the words: “I (We) revoke all proxies previously given.”
Q: Is it correct that no board member can sit more than 2 - 3 year terms? What happens next? Do they take a year off and run again the following year?
A: The Condominium Act, 1998 contains no restrictions as to the number of terms a director can serve. Some corporations’ by-laws may contain term limits, in which case the by-law may specify any additional restrictions or procedures. Term limits are not a very good idea because it is often hard to find volunteers willing to spend the time and effort to serve on the Board.
I thought the question on term limits was interesting along with the comment that it is difficult to find people to serve on the condo board. I have been on my board since 2006 and became president in the spring of 2008. It is true that it is difficult to find those who want to serve and it is equally difficult to clear dead wood and rid a board of practices that have become enured over the years and represent potential problems. We had a reserve fund with ineligible investments and no investment plan and at the last board meeting the board refused to adopt one.
Just to pass this along.
We recently had an AGM and I let my name stand. I was not successful. I have asked to view the proxies and received the following reply from the Property Manager:
"You can not view both the name and the vote. If you with to see how the owners completed the proxy than we will block out the voted. Cost for editing is $38.75. Please advise if you wish to proceed."
I want to examine the proxies to be satisfied that they were properly completed.
Do I have this right?