Tuesday, November 15, 2005

Control by Two Majority Unit Owners

Dear Betty

Thank you for a very informative site. We have recently purchased a condo in southern Alberta (Lethbridge). Within this complex of 60 units, two persons (related) own 14 of these units. In the annual general meetings, due to poor attendance from other owners, we have noted that whatever these two gentlemen feel is in the best interest of the project, will get voted through due to their control of the vote. In reality, these two gentlemen rule the roost. I am uncomfortable with this, other than hunting down the other owners to ensure their attendance, is there any other way we can ensure that these "majority vote" owners cannot control the decision making? Any advice would be greatly appreciated.
M.H.
Lethbridge


Answer

Your problem is not a simple to resolve if owners don't get involved. Yes these gentleman can control who is elected to the board with having such a large vote. Your bylaws will state the number of people required to be on the board. My advice to you is to fill the board positions allowable in the bylaws. At the board level each member has one equal vote. This means if there are only 2 of them and they are elected to the board, and you need a board of 5 or 7 members, that they will be outnumbered when it comes to the voting at the board meetings (which is where all the decisions are made). The AGM is the only time the number of units one owns counts during the voting process.

Best Wishes
Betty's Condo Owners Club
www.condo-check.com

14 Comments:

At June 4, 2006 at 7:32 PM, Anonymous Anonymous said...

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At August 31, 2007 at 11:32 AM, Blogger LindaK said...

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At August 31, 2007 at 11:45 AM, Blogger LindaK said...

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At August 31, 2007 at 11:58 AM, Blogger LindaK said...

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At August 31, 2007 at 12:02 PM, Blogger LindaK said...

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At August 31, 2007 at 12:09 PM, Blogger LindaK said...

Hi Betty,
We sure hope you can offer some advice and look forward to your reply.

WITHOUT PREJUDICE.

WE NEED AN ANSWER TO THE QUESTION - HAS OUR BOARD COLLAPSED?

NOTE: Our codo bylaws clearly state (as do the Condo By-laws of Alberta) that it takes three (3) members (or more) to form a board.

HOW DO WE DEAL WITH A PRESIDENT WHO WILL NOT ADHERE TO SUGGESTIONS/REQUEST OF HER BOARD – SHE WILL NOT USE COMMON SENSE AND/OR ACKNOWLEDGE THE IMPLIED WISHES OF HER BOARD MEMBERS TO REMOVE HER FROM THE BOARD - THE MEMBERS HANDED IN RESIGNATIONS IN HOPES OF COLLAPSING THE BOARD.

It seems she colors her world to suit her and screams harassment whenever she is confronted or called to answer for her actions – or failure to ac.

2 of our seven members resigned months ago - this left five 5 board members – including the President.

The President has been confronted by the remaining Board Members as to the following:

1. Forming a by-law committee and a groundskeeping committee without discussions with her board members.

2. When directed by the Board to put the question of by-law changes to bed until residents could be better informed - she agreed then continued with her self-appointed committee.

3. She refused to acknowledge letters of request then overreacted to the removal of a dead shrub.

4. The Board Members stated that her overall behavior when dealing with residents seemed too aggressive. She accused them of harassment. And changed the minutes to read in her favor.

5. When the Board questioned her authority to send out unwarranted and demanding notices to the residence without discussion or approval of the board - they were accused of harassment.

6. Each time the Board Members questioned her interpretation of a number of by-laws or disagreed with an issue or the answer to a problem this President claimed harassment.

The President has pressured the Secretary to change the minutes of the meetings to read to her liking. In addition she has accused (by form of a letter) the Vice President of being a sexist and the Secretary and the Vice President and a Member at Large of harassment.

Last week 3 of the remaining 5 members resigned in an attempt to collapse the board and thereby (hopefully) send a strong statement of non-confidence re: the actions and false accusations of the President to the community at large.

She sent a reply and stated that she and her Treasurer will continue to operate the Board with no interruption to the business of the day - until the AGM. She has enlisted what she calls resident volunteers to help her.

Some of us are feeling like there is no stopping this person and hope you can suggest something.

Yes, there is an AGM coming up BUT can’t we notify by letter and without prejudice that she is done. Has the Board has collapsed?

We are afraid to move on this situation without advice because of a general feeling that she could be dangerous.

Thank you,

LT

 
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At July 22, 2008 at 5:48 PM, Blogger Susan151 said...

I live in a condo. There are 3 units in all. The condo is in my husband's name and he is currently paying the condo fees and mortgage even though he left 3 months ago. Since he left, I have had my name put on the title. I am not being invited to meetings, I receive no copies of agendas, or minutes of meetings. As my name is on the title and as he is no longer living here, do I have any rights?

 
At August 19, 2010 at 12:06 PM, Blogger Victoria said...

I've just received news that a loan option is no longer available to pay for a $14,000 special assessment for my condo! This means that instead of breaking up this large amount into smaller portions that would be added onto the regualr condo fees, it has to be paid in a lump sum! Furthermore, there will be a similar additional amount due in a few months. This money is going to fix structural flaws with the building, and we've had prior notification. But it appeared that the loan option would really be an option for those that don't have enough equity in the condo to remortgage. But now... So would will happen if I cannot pay?! Will they lien my condo? Will I have collection agencies knocking on my door and calling me everyday? Can they force foreclosure? Help! Any information would be great!

Victoria

 
At August 19, 2010 at 12:08 PM, Blogger Victoria said...

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At August 24, 2012 at 10:56 PM, Blogger Unknown said...

Can a Condo Board refuse to sell a fod to an off-site owner whose unit is rented? Essentially the owner is being denied access.

 
At August 24, 2012 at 11:01 PM, Blogger Unknown said...

Can a Condo Board refuse to sell a fod to an off-site owner whose unit is rented? Essentially the owner is being denied access.

 
At August 24, 2012 at 11:03 PM, Blogger Unknown said...

Can a Condo Board refuse to sell a fod to an off-site owner whose unit is rented? Essentially the owner is being denied access.

 
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