A strata corporation may amend their bylaws to identify other classes of persons elected to council
Dear Tony:Our strata corporation is 114-unit townhouse and because of historic harassment by a few owners and major road construction, no one is willing to stand on our strata council this year.
We adjourned the AGM without a single candidate. Is it possible to amend the bylaws to allow for non-owners to be elected to council? We live in a self-managed bare land stratum, retirement community, and owners and residents are simply not interested.
JPK
Under the Strata Property Act an owner, tenant assigned an owner’s rights, or family tenant granted an owner’s rights are eligible for council. Yes, a strata corporation may amend their bylaws to identify other classes of persons elected to council. Buildings with age restrictions, a high ratio of rentals, or where there is a high level of conflict are struggling with the same issues.
While a bylaw may appear straightforward, the implications can be both successful and complicated. For example, in a retirement community, I frequently see strata corporations amend their bylaws that permit a parent, spouse, or family member of an owner eligible for council election.
These scenarios may be helpful as it eases the load form the community and with reasonable evaluation, family members with operational qualifications contribute to the smooth operations of the community. The type of family member, relationship, and term of election need to be clearly defined. Broader definitions may also be considered to avoid conflicts of interest where a family member(s) may have a business relationship with the corporation or one or more owners. For a fair balance, the bylaw may also require a minimum number of owners on the strata council, and who is entitled to fill the roles of president and treasurer.
Will there be any qualification requirements? Before a strata corporation considers such a bylaw, the issue of risk management and insurance liability also needs to be addressed. Will the director and officer liability policy still provide coverage for different types of council members that are not owners? Confirm the coverage in writing with your insurance brokers.
If your strata corporation is considering expanding council eligibility, get legal advice on the creation of the draft bylaws and consult with your owners before you proceed with a general meeting. If you are in a mixed-use commercial/residential property, both divisions must separately vote on the amendment by 3/4 vote for the bylaw to be valid.
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Tony Gioventu is executive director of the Condominium Home Owners Association.