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Elections - Condominium Board of Directors should practice having elections

  • wecare994
  • Jun 17, 2024
  • 3 min read

#condoboards#condoelections#goodcondoboards#ballots


Condo boards should always hold elections at AGMs.... and we mean elections, actual elections where each owner votes for their representative board member using a secret ballot. Elections are not nominations or putting your hand up, elections are elections. When your board of directors operates with the understanding that the owners in the building are shareholders in the corporation and the board is accountable to those owners then a board operates differently and more successfully.


Far too often we see condo buildings that can't find owners to serve on the board so they operate in secret and do not follow proper procedure during the AGMs. The majority of condo bylaws require elections to be held at an AGM. An election is not being hand picked or putting your hand up. An election is defined as a formal organized process where a person is voted for an office or position. In a proper condo board elections candidates should submit their qualifications, experience and their plans for being on the board for all the owners to review and decide if the candidate fits with their ideology and their plans for the building. When you know the qualifications and experience of a potential board candidate then each owner can make an informed decision about who is governing their building. When every owner present at a meeting or by proxy votes for the candidate or board member that best suits their ideology in a secret ballot then the majority of owners interests are represented and the board can legitimately make decisions that work for everyone in the building. Every board election should provide for board members to vote by secret ballots, this is the most democratic and fair procedure for elections. It is the owners right to vote and decide who should govern and manage the corporation and not face repercussions from other owners or board members for voting and deciding on a certain candidate.


How many times have you heard that nobody wants to run for the board? Nobody wants to serve on the board is something that we hear all the time. Its so hard to find board members, it's actually not usually true. Dysfunctional boards can't find candidates to run for the board but good positive boards can find board members to serve on the board. Dysfunctional boards are easy to detect and the only reason owners don't want to serve on the board is because the board doesn't work well, the hand picked members have forgotten or don't understand the role of a board of directors. What people don't want is to serve on a rigid hand picked board that is dysfunctional. Why would an owner want to serve on a board that has been hand picked in secret for years that never gets anything done. It doesn't take long to learn about your board of directors once you have purchased your unit. When the board is oppressive and not interested in serving its owners then one or two new board members are not going to change the board, it's this type of situation that discourages owners from becoming board members. If your board isn't open and transparent and is being hand picked or appointed then this is the first place you start. Owners need to stand up and make sure that elections with secret ballots are held at the AGM.


If you need assistance with the process and procedure of a condo election give us a call and we can help audit or organize and coordinate your next election. We can provide the tools and procedure and audit the election to ensure that the election was fair for all owners to work towards successful democratic boards of directors.

 
 
 

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.

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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