17. COUNCIL
17.01 Council size
(a) Subject to
subsection (2), the council must have at least 3 and not more than 5 members.
17.02 Council members' terms
(a) The term of
office of a council member ends at the end of the annual general meeting at
which the
new council is
elected.
(b) A person
whose term as council member is ending is eligible for reelection.
17.03 Removing council member
(a) No person
may stand for council or continue to be on council with respect to a strata lot
if the strata corporation is entitled to register a lien against that strata
lot under the Act.
17.04 Replacing council member
(a) If a council
member resigns or is unwilling or unable to act for a period of 2 or more
months, the remaining members of the council may appoint a replacement council
member for the remainder of the term.
(b) A
replacement council member may be appointed from any person eligible to sit on
the council.
(c) The council
may appoint a council member under this section even if the absence of the
member being replaced leaves the council without a quorum.
(d) If all the
members of the council resign or are unwilling or unable to act for a period of
2 or more months, persons holding at least 25% of the strata corporation's
votes may hold a special general meeting to elect a new council by complying
with the provisions of the Act, the regulations and the bylaws respecting the
calling and holding of meetings.
17.05 Officers
(a) At the first
meeting of the council held after each annual general meeting of the strata
corporation, the council must elect, from among its members, a president, a
vice president, a secretary and a treasurer.
(b) A person may
hold more than one office at a time, other than the offices of president and
vice president.
(c) The vice
president has the powers and duties of the president
(i) while the
president is absent or is unwilling or unable to act, or
(ii) for the remainder of the president's term if the president ceases to hold
office.
(d) If an
officer other than the president is unwilling or unable to act for a period of
2 or more months, the
council members
may appoint a replacement officer from among themselves for the remainder of
the term.
17.06 Calling council meetings
(a) Any council
member may call a council meeting by giving the other council members at least
one week's notice of the meeting, specifying the reason for calling the
meeting.
(b) The notice
does not have to be in writing.
(c) A council
meeting may be held on less than one week's notice if
(i) all council
members consent in advance of the meeting, or
(ii) the meeting is required to deal with an emergency situation and all
council members either
(1)
consent in advance of the meeting, or
(2) are unavailable to provide consent after reasonable attempts to contact
them.
(d) The council
must inform owners about a council meeting as soon as feasible after the
meeting has been called.
17.07 Requisition of council
hearing
(a) By application
in writing, stating the reason for the request, an owner or tenant may request
a hearing at a council meeting.
(b) If a hearing
is requested under subsection (1), the council must hold a meeting to hear the
applicant within 1 month of the request.
(c) If the
purpose of the hearing is to seek a decision of the council, the council must
give the applicant a written decision within one week of the hearing.
17.08 Council meetings
(a) At the
option of the council, council meetings may be held by electronic means, so
long as all council members and other participants can communicate with each
other.
(b) If a council meeting is held by electronic means, council members are
deemed to be present in person.
(c) No person
other than a member of the council shall be entitled to attend a meeting of the
council unless authorized by a resolution of the council. In the course of a
meeting of the council, any person or persons (other than members of the
council) may be excluded from such meeting by a resolution of the council.
17.09 Voting at council meetings
(a) At council
meetings, decisions must be made by a majority of council members present in
person at the meeting.
(b) Unless there
are only 2 strata lots in the strata plan, if there is a tie vote at a council
meeting, the president may break the tie by casting a second, deciding vote.
(c) The results
of all votes at a council meeting must be recorded in the council meeting
minutes.
17.10 Council to inform owners of
minutes
(a) The council
must inform owners of the minutes of all council meetings within 2 weeks of the
meeting, whether or not the minutes have been approved.
17.11 Spending restrictions
(a) A person may
not spend the strata corporation's money unless the person has been delegated
the power to do so in accordance with these bylaws.
(b) Despite
subsection (1), a council member may spend the strata corporation's money to
repair or replace common property or common assets if the repair or replacement
is immediately required to ensure safety or prevent significant loss or damage.
17.12 Limitation on liability of
council member
(a) A council
member who acts honestly and in good faith is not personally liable because of
anything done or omitted in the exercise or intended exercise of any power or
the performance or intended performance of any duty of the council.
(b) Subsection
(1) does not affect a council member's liability, as an owner, for a judgment
against the strata corporation.
17.13 Eligibility to Council.
a) The only persons who may be council members
are the following:
i)
owners;
ii)
individuals
representing corporate owners
iii)
tenants
who, under section 147 or 148 of the SPA have been assigned a landlord’s right
to stand for council
b) An
owner in good standing may assign his or her rights to stand for council to a
long term
occupant
of more than 3 years, also in good standing, or any other qualified person
providing that
the
owner has submitted a Form A General Proxy (Section 56 of the Strata Property
Act) to the
Council
along with a written notice to the Strata Corporation stating the name of the
representative,
the
power assigned and the effective time period.
c) No person shall stand for council
or continue to be on council with respect to a strata lot if the
strata corporation is entitled to
register a lien against that strata owner under section 116(1) of the
Strata Property Act
d) If a council member is unable to
continue to be on council pursuant to section 17.13 c) then that
council member is deemed to have
resigned for purposes of section 12 of the Standard Bylaws (Replacing Council
Members)
18. ANNUAL &
SPECIAL GENERAL MEETINGS
18.01 Person to chair meeting
(a) Annual and
special general meetings must be chaired by the president of the council.
(b) If the
president of the council is unwilling or unable to act, the meeting must be
chaired by the vice
president of the
council.
(c) If neither
the president nor the vice president of the council chairs the meeting, a chair
must be elected by the eligible voters present in person or by proxy from among
those persons who are present at the meeting.
18.02 Participation by other than
eligible voters
(a) Tenants and
occupants may attend annual and special general meetings, whether or not they
are eligible to vote.
(b) Persons who
are not eligible to vote, including tenants and occupants, may participate in
the discussion at the meeting, but only if permitted to do so by the chair of
the meeting.
(c) Persons who
are not eligible to vote, including tenants and occupants, must leave the
meeting if requested to do so by a resolution passed by a majority vote at the
meeting.
18.03 Voting
(a) At an annual
or special general meeting, voting cards must be issued to eligible voters.
(b) At an annual
or special general meeting a vote is decided on a show of voting cards, unless
an eligible voter requests a precise count.
(c) If a precise
count is requested, the chair must decide whether it will be by show of voting
cards or by roll call, secret ballot or some other method.
(d) The outcome
of each vote, including the number of votes for and against the resolution if a
precise count is requested, must be announced by the chair and recorded in the
minutes of the meeting.
(e) If there is
a tie vote at an annual or special general meeting, the president, or, if the
president is absent or unable or unwilling to vote, the vice president, may
break the tie by casting a second, deciding vote.
(f) Despite
anything in this section, an election of council or any other vote must be held
by secret ballot, if the secret ballot is requested by an eligible voter.
(g) An owner who
is otherwise an eligible voter may not exercise his or her vote for a strata
lot, except on matters requiring a unanimous vote, if the strata corporation is
entitled to register a lien against that strata lot.
18.04 Order of business
The order of business at annual and special general meetings is as follows:
(a) certify
proxies and corporate representatives and issue voting cards;
(b) determine
that there is a quorum;
(c) elect a
person to chair the meeting, if necessary;
(d) present to
the meeting proof of notice of meeting or waiver of notice;
(e) approve the
agenda;
(f) approve
minutes from the last annual or special general meeting;
(g) deal with
unfinished business;
(h) receive
reports of council activities and decisions since the previous annual general
meeting, including reports of committees, if the meeting is an annual general
meeting;
(i) ratify any
new rules made by the strata corporation under section 125 of the Act;
(j) report on
insurance coverage in accordance with section 154 of the Act, if the meeting is
an annual general meeting;
(k) approve the
budget for the coming year in accordance with section 103 of the Act, if the
meeting is an annual general meeting;
(l) deal with
new business, including any matters about which notice has been given under
section 45 of the Act;
(m) elect a
council, if the meeting is an annual general meeting; terminate the meeting.
18.05 Electronic Attendance at
Meetings
Attendance by persons at an annual or special general meeting may be by
telephone or other electronic method if such method permits all persons
participating in the meeting to communicate with each other during the meeting.
19. QUORUM FOR ADJOURNED
MEETING
19.01 Notwithstanding section 48(3) of the Act, if within ½ hour from the time
appointed for an annual or special general meeting a quorum is not present, the
meeting shall be terminated if the meeting was convened upon the requisition of
members; but in any other case, the meeting shall stand adjourned for a further
½ hour from the time appointed and, if within one hour from the time appointed a
quorum is not present for the meeting, the eligible voters present in person or
by proxy shall constitute a quorum
20. LIMITING
EXPENDITURE OF COUNCIL
20.01 Subject to subsection (3) below, if a proposed expenditure has not been
approved in the budget or at an annual or special general meeting; the strata
corporation may only make such expenditure out of the operating
fund if the expenditure, together
with all other unapproved expenditures, whether of the same type or not, that
were made pursuant to this subsection (1) in the same fiscal year, is less
than:
(a) $5000.00; or
(b) 15% of the total contribution to the operating fund for the current
year; whichever is less.
20.02 If the strata corporation makes expenditure under subsection (1)
above, the strata corporation must inform owners as soon as feasible about any
expenditure of more than $4500.00 on any single item.
20.03 Notwithstanding subsection (1) above, the strata corporation can make expenditure
out of either the operating fund or the contingency reserve fund if there are
reasonable grounds to believe that an immediate expenditure is necessary to
ensure safety or to prevent significant loss or damage, whether physical,
financial or otherwise