Acts and Regulations

C-16.05 - Condominium Property Act

Full text
Voting rights and consent
25(1)An owner has voting rights in the corporation in the proportions specified in this Act and in the declaration.
25(2)The holder of a mortgage or a charge on a unit may not exercise any right that the owner of the unit has to vote or consent, unless the holder is a mortgagee in possession.
25(3)Subsection (2) applies despite any authorization, including any provision in an agreement, mortgage or charge, that has been given to the contrary regardless of when given.
25(4)Subsection (2) does not invalidate a vote that was cast or consent that was given before the commencement of that subsection.
25(5)A person may exercise the powers conferred on an owner under this Act if the person is authorized by law to control the owner’s property.
25(6)On application of a corporation or an owner and if the Court is satisfied that there is no person capable, willing or reasonably available to exercise the powers conferred on an owner under this Act, the declaration or the by-laws, the Court
(a) shall authorize some other person to exercise the power if a unanimous vote or unanimous consent is required, and
(b) may authorize some other person to exercise the power in all other cases.
Voting rights and consent
25(1)An owner has voting rights in the corporation in the proportions specified in this Act and in the declaration.
25(2)The holder of a mortgage or a charge on a unit may not exercise any right that the owner of the unit has to vote or consent, unless the holder is a mortgagee in possession.
25(3)Subsection (2) applies despite any authorization, including any provision in an agreement, mortgage or charge, that has been given to the contrary regardless of when given.
25(4)Subsection (2) does not invalidate a vote that was cast or consent that was given before the commencement of that subsection.
25(5)A person may exercise the powers conferred on an owner under this Act if the person is authorized by law to control the owner’s property.
25(6)On application of a corporation or an owner and if the Court is satisfied that there is no person capable, willing or reasonably available to exercise the powers conferred on an owner under this Act, the declaration or the by-laws, the Court
(a) shall authorize some other person to exercise the power if a unanimous vote or unanimous consent is required, and
(b) may authorize some other person to exercise the power in all other cases.