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A Condo Board of Directors, part of the democratic system

  • wecare994
  • Jun 14, 2024
  • 5 min read

Your condo board of directors works for the owners of the corporation so why do so many boards tend to become dictatorships or autocratic and ignore the needs of the owners?


Condo boards should have open communication with their owners and not only rely on the property manager. It's important that the owners know the board is working for them and not for the property manager.




Decision making is so much faster when you can go to one person and they quickly make a decision based on their opinion and everyone moves on...right? Yes but No, democracy isn't efficient. Democracy takes time. Democracy requires discussion, information, facts, back up, investigation and concession which is why it takes time and patience but is the only way to govern and manage a condo corporation. A board of directors is formed to govern and manage a building on behalf of the owners. It's impossible to have all owners in a building making day to day decisions on every issue. If every owner was required to vote on every issue nothing would ever get done and the building would be in chaos so a small group of people form the board to represent the owners of the corporation. A small group of people voted on by the owners because they represent the same interests, each board member should represent a small group of owners and advocates for that group of owners and their interests. Does this sound familiar? It should be very familiar because a condo board of directors represents the democratic system it's the same system and institution as all other levels of government from the city council, the legislature, the board of health, school boards, and other all elections of our leaders in our cities, provinces, states and countries.


When boards are making decisions about the day to day operations of a corporation or decisions about a special circumstances due to an event it is the obligation of the board to explain how and why they made their decisions. Boards represent the owners in a building, they serve the owners in a building so the owners wants and needs should be considered in every decision. If boards are not managing the board with the majority of the owners needs in mind and make different decisions then the board needs to explain to the owners why they made that decision. It is the responsibility of the board to report to the owners on every situation, event or decision made in regards to the corporation. If the board has received different information or facts then they need to report to the owners those facts and explain how they determined their decision. They need to share the information and explain their decision making process. Boards should never forget that majority rules so just because they don't like something the boards opinion should not matter unless it represents a portion of the owners opinion. A board of directors does not serve on a board for their own interests or to push their own wishes and desires or preferences onto a building. It is their responsibility to make intelligent and informed decisions in the best interests of the building and the majority of the owners. When the board is making decisions based on their preferences this is not a democratic board but rather an autocratic board of directors.


So why do boards become dictators? It seems so simple really, we practice democracy everyday. There are several reasons a board becomes autocratic or dictatorial, the first being that one person gets on the board and takes control and the other members are inexperienced or not that interested so they go along. Sometimes the other members are afraid to challenge for fear of retribution and of course there has never been a resource for board members to turn to in these types of situations until we started our company. More often than not the property manager quietly moves the board in an unhealthy direction or doesn't challenge the member who moves it to become more dictatorial because it serves their purpose. It's faster and easier for the property manager to only have to deal with one person who makes decisions, doesn't ask questions and lets the property manager run the building as they want. What an ideal situation! Wouldn't you like to work in a job where it doesn't matter what your service level is, your boss doesn't care if you don't respond to inquiries, your boss doesn't care if the job gets complete or you just forget to do something and you still get paid whatever you want? Whoo hoo what a job! The life of a property manager with a bad board is pretty great, you run everything and there is no accountability. Sometimes, boards are turned autocratic by one person who grabs control of the board. You may run into a board where people feel there is some kind of gain from being on the board, a certain status or they gain benefits through service providers etc. These types of boards do not last very long but leave a long path of destruction and financial troubles for the corporation. It often creates unqualified members who have never been involved or have knowledge of the important issues, can't analyze a situation and have no knowledge of historical events because one person has made all the decisions and controlled the board for years. A condo corporation is the same as any corporation or business, it doesn't sustain itself without experienced and knowledgeable management. If the corporation has been able to sustain itself for years with a dictatorial board the cracks will show when there is some kind of crisis that requires more than meeting once a month for an hour. It's times of crisis where the corporation becomes really affected the lack of leadership and an experienced board that knows how to deal with crisis negatively affects the corporation.


One Important Note: A board of directors that relies too heavily on the property manager runs the risk of being taken advantage of by it's service providers and potentially the property manager and other members of the board. A board must act as a check and balance on the property manager and rely on the property manager's expertise but not let them actually manage and govern the building. The board, all members of the board must actively be involved in the management of the building at all times to ensure accountability of the property manager and accountability and as a check and balance for each other as board members. This is difficult when you have a group of people who don't even know what they are supposed to do and how a board is supposed to operate.


We have some really great educational materials and tools we can develop specifically for new boards or boards or owners looking to work to ensure that your board is operating in the most efficient and democratic manner. Reach out today if you are experiencing difficulties with your board of directors. Our goal is to work with every board of directors in every condo building if we can to teach them or reteach them how to operate a successful democratic board of directors. A democratic board is the the only way to maintain a healthy well run building that maintains its property value.


We would love to come and audit your board! We monitor the day to day operations of your property manager and board and provide suggestions for improvement. We provide tools to assist with elections or the tools to adopt best practices, we develop templates specifically for you board as needed and have many more ideas to ensure that your board is operating at its most fair and efficient.



 
 
 

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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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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!

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

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.

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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