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Condo Owners - Small problems are red flags if you have these issues you have more than small problems you have Big Problems

  • wecare994
  • Aug 22, 2024
  • 4 min read




I've been really fortunate to be able to talk to a lot of condo owners in the last couple of weeks - it seems we are all experiencing many of the same problems and while they many of these issues seem small they are not small at all. What they are...are symptoms of a larger problem with condo boards of directors and the property managers.


I can't tell you how many people I've spoken to have been denied access to the names of their board of directors. Why? Who thinks this is okay? The board of directors whether duly elected or elected by the first to put your hand up method not to be confused with first past the post electoral system is not really a legitimate way to elect a board of directors at all so if this is how your board is elected - well you got even bigger problems. The condo act clearly states that owners vote for their board of directors. If you aren't voting for your board of directors you don't really have a legitimate board you have a hand picked board. A board of directors serves it's owners they are making decisions, governing and using owners money from the corporation owned by everyone in the building. Let me say that again....everyone is an owner in the building we all have the same rights. The names of the board is not a secret, its not private the information is supposed to be filed at Land Titles which means anyone in the public can get access to it but owners in the corporation are denied that information from the board or the property manager? It's shocking, it's outrageous and it's ridiculous. You are an owner in the corporation and you are denied the knowledge and information on who is governing and managing the building you own? I can't believe anyone thinks this is okay. Whether this occurs because the board specifically denies the owner the information or the property manager is too lazy and can't be bothered to provide the information is irrelevant. I saw a reply somewhere where someone replied saying "not sure if the board is required to provide this information in the bylaws or act". Well let me just preface and say that's a fair comment. Is it written anywhere? No, its not probably not written anywhere, it's not listed in any rule book because it's common sense. It's common sense that after an AGM the board would send an email to every owner informing them of the names of the newly formed board of directors. Do you know who is representing you in the Legislature? Do you know who is on the health board? Of course you do because we live in a democracy! That's how it's supposed to work! Every owner should be provided with the names of the board of directors in their condo corporation. Every owner has a right to know the names of their board of directors. In fact, I'll go one step further, every owner should not only know the names of their board they should know the qualifications and experience of the members of board of directors. Every owner has a right to know who is governing and managing their building.


The other shocking issue I've come across is the board or property manager not providing bylaws or condo documents. This is pretty basic and really beyond imaginable that your board or property manager can't find the time to send the required condo documents or don't have copies. Red flag anyone....... for any new owner this is a red flag that has burst into flames and owners need to be aware. If you decide to buy a unit where this occurred you need to start pushing for reform right away because these small issues are symptoms of a much larger issues with the board and your property manager. At the end of the day it seems there are too many property manager s that will try get away with the least amount of work and if the board accepts this standard then your only recourse is to replace the board with members who are willing to hold the property manager accountable.


These two issues are symptoms because they are part of a much larger problem we are encountering in condo corporations. The fundamental problem is the misunderstanding or lack of understanding of how a condo board is supposed to operate. The reasons, the intent of a condo board has been lost. A condo board very much like a school board or a health board or any other type of board is an arm of the democratic system. The board represents the owners of the condo corporation. They are there at the will of the owners just like any other elected official in a democratic system. Boards are not entities unto themselves to make decisions on what they want. Boards do not make decisions on their interests. They make decisions on issues the owners have voted on and discussed. Boards should always be consulting their owners on decisions and events and what they are involved in because it's everyone's building. It's much easier to put your hand up before your neighbor and serve on the board and never tell the owners anything, make decisions and do what you want when you want to do it. I'm not one of those people that defend boards saying....well remember they are volunteers because I say if you don't have the time then don't be on the board. If you can't be open, transparent and democratic then stay home and find another hobby. If it's too much trouble for boards to behave ethically and democratically they need to find other ways to fill their time because this behavior leads to the deterioration of a building and does not contribute to developing inclusive condo communities.


If your board exhibits any of this type of behavior then give us a call to discuss your options! Have a great day and don't forget to say hi and smile to the next neighbor you run into in your building!

 
 
 

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Meetings and Events

Condo Buildings have many different types of meetings -AGMs, Special Meetings and  Extraordinary Meetings, Owners Meetings -    See below on tips for making your meeting inclusive and productive 

​Annual General Meetings are crucial to democracy, a condominium corporation in Alberta is required to have annual general meetings every year and at the latest 15 months from the last AGM. These are formal meetings where owners vote on all types of business such as new bylaws, bylaw changes, financial considerations, improvements, upgrades and elect a new board of directors. There are certain procedural rules boards must follow when organizing an AGM; notice must be provided 60 days prior to the AGM, this gives owners the ability to submit agenda items to the board. After the 60 days, formal notice with the agenda items must be sent to owners within 30-14 days prior to the meeting date. Make sure you are voting at your AGMs, you need to make sure the votes are counted - make sure your board is either holding elections through ballots or a counted hand vote. 

There are several types of other meetings a condo corporation holds - Special Meetings, Owners Meetings or Town Halls. It all depends on who is doing the organizing and the topics being put forward. Condo Owners should ensure that their meetings have at least the basic requirements for example: With the exception of Owners Meetings which are called by the owners and not formal, all meetings should include, if possible: scrutineers, agenda- ability of owners to add to agenda, accurate and properly recorded minutes, elections, voting - owners should be voting on issues at AGMs to name a few. There are many requirements to hold a duly organized meeting. For example, public companies and other corporations hire several entities when they hold AGMs. Most corporations start by hiring a law firm. a company to scrutineer and often depending on the type of meeting a solicitation agent. Unfortunately, and of course because it's impractical for the majority of Condo Corporations to assume the expense of all or even a few of those entities most Condo Corporations rely on the knowledge of the property manager and an inexperienced board to deal with meetings which affects the quality of the meetings.

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​The quality of condo meetings depend on the quality of the property manager and the knowledge of your board of directors. Most condo meetings are pretty poor which leads to very little advancement and improvements in the corporation. If your condo corporation holds proper meetings then thank goodness and let us know! We want to hear about condos that are working well together creating successful condo communities. If not then well we all know when buildings incur this type of combination of a poor manager and a poor board for too long the building starts to deteriorate very quickly. Most building come equipped with basic bylaws created by the developer included in the owners manual, some specs and basic information and little else so if you were unlucky to buy into a property with owners who knew very little about condo boards you are probably facing some difficulties after a number of years.  Call us anytime and we will audit your meetings, elections or if you assist in coordinating any type of meeting. See our simple suggestions for make your meetings even more successful. 

condo meeting

Everyone is happier with a cookie in their hand

condo meeting - AGM

                                 Make people feel welcome!         

                           

Meetings are stressful even if there are no hot topics so anything you can do to lighten the mood is helpful. You could also have a giveaway or a play a little game before you get started. Don't forget name tags for large gatherings, bring a card or provide contact information and don't forget a pen, notepad or your phone to take notes and exchange information.  

If you organized the meeting: don't forget to shake as many peoples hands and introduce yourself to as many people as you can!

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Hint: If you are organizing the meeting you should be the last to leave! This helps make sure you talk to everyone who came to talk to you!

                                             Its ALL in the Details

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We believe details are important! Set up a station with coffee, juice or water to keep people hydrated and bring along some home baked or store bought treats. Owners will feel welcome and it helps to set the tone of a meeting. Who can argue with a piece of cake in their hand or mouth! Meetings should be informative and engaging and setting the tone will make your meetings more successful.

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Hint: You'll often be able to tell the people who support you or at least like you if they take a cookie or drink some coffee. More combative individuals won't take the cookie because they feel like they would owe you something back and sometimes that's just being nice and respectful.

CONTACT US Before you buy a condo 

Working as a Trustee in the corporate debt space for over a decade has helped me build a foundation in Corporate and Securities Law. As a a Manager of Corporate Trust acting as debt Trustee, collateral agent or escrow agent, I was involved in many types of large international transaction and the biggest bought deal in Canadian history. As a trustee we were involved in, attended and scrutineered all types of meetings, extraordinary resolutions and consent solicitations. As Corporate Secretary for a large public company, I have over a decade of experience in many aspects of Corporate Law.  I worked for  several years in compliance for a capital raising investment company and worked in the prosecution department at IIROC. My degree in political science gives me a heightened sense of justice and expertise in all levels of government, democratic institutions and democratic practices.  I started this company to help other condo owners who were having similar experiences with condo boards. My corporate law and securities experience provides a great backdrop to be able to help create inclusive communities one building at a time, fighting one board at a time to bring back democracy and inclusion to Condo boards. People don't need to be fighting boards -it ruins their piece of mind and stunts community growth. Boards of Directors need to be held accountable for bad decisions and bad operating procedures and educated in best practices. 

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CONTACT
LOCATION

Email: wecare@momentumcondo.com
Phone: 403.651.7403
 

881 -15 Avenue SW

Calgary, Alberta T2R 1R8

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​​Saturday: 8am - 1pm

​Sunday: Closed

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