Acts and Regulations

C-16.05 - Condominium Property Act

Full text
Elections and appointments to a board
27(1)The affairs of a corporation shall be managed by a board of directors consisting of 3 persons, or more if provided for in the declaration or by-laws.
27(2)Despite subsection (1), a corporation that consists of 2 or 3 units may have a board consisting of 2 or more persons.
27(3)A majority of the directors of a board, or a greater proportion if specified in the declaration or by-laws, constitutes a quorum for the transaction of business.
27(4)Subject to subsection (5), a board shall be elected by the owners.
27(5)If a declarant owns at least one unit, he or she shall appoint to the board the proportion of the total number of directors that the number of units he or she owns bears to the total number of units in the condominium property, and the other owners shall elect the remaining directors.
27(6)If the number arrived at under subsection (5) is not a whole number, the declarant shall appoint the number of directors that is equal to the lesser of the nearest 2 whole numbers.
27(7) Despite subsection (5), a declarant shall not appoint directors to a board if, at the owners’ meeting at which the board is chosen, the owners of at least 60% of the common elements vote to pass a resolution that the entire board be elected by the owners.
27(8)The term of a director is 3 years, or a lesser period if provided for in the declaration or by-laws.
27(9)Despite subsection (8), a director shall continue to act until a successor is elected.
27(10)A director is eligible for re-election.
27(11)Subject to subsection (12), if a vacancy occurs on a board, the owners shall elect a new director.
27(12)If a declarant owns at least one unit at the time a vacancy occurs on a board, the vacancy shall be filled so that the proportion of the directors appointed by the declarant remains the same as the proportion of the directors appointed by the declarant if a new board were chosen at the time of the vacancy.
27(13)A person may be removed as a director by a vote of at least 60% of the owners, on the basis of one vote per owner, and the declarant, as an owner, is entitled to one vote.
Elections and appointments to a board
27(1)The affairs of a corporation shall be managed by a board of directors consisting of 3 persons, or more if provided for in the declaration or by-laws.
27(2)Despite subsection (1), a corporation that consists of 2 or 3 units may have a board consisting of 2 or more persons.
27(3)A majority of the directors of a board, or a greater proportion if specified in the declaration or by-laws, constitutes a quorum for the transaction of business.
27(4)Subject to subsection (5), a board shall be elected by the owners.
27(5)If a declarant owns at least one unit, he or she shall appoint to the board the proportion of the total number of directors that the number of units he or she owns bears to the total number of units in the condominium property, and the other owners shall elect the remaining directors.
27(6)If the number arrived at under subsection (5) is not a whole number, the declarant shall appoint the number of directors that is equal to the lesser of the nearest 2 whole numbers.
27(7) Despite subsection (5), a declarant shall not appoint directors to a board if, at the owners’ meeting at which the board is chosen, the owners of at least 60% of the common elements vote to pass a resolution that the entire board be elected by the owners.
27(8)The term of a director is 3 years, or a lesser period if provided for in the declaration or by-laws.
27(9)Despite subsection (8), a director shall continue to act until a successor is elected.
27(10)A director is eligible for re-election.
27(11)Subject to subsection (12), if a vacancy occurs on a board, the owners shall elect a new director.
27(12)If a declarant owns at least one unit at the time a vacancy occurs on a board, the vacancy shall be filled so that the proportion of the directors appointed by the declarant remains the same as the proportion of the directors appointed by the declarant if a new board were chosen at the time of the vacancy.
27(13)A person may be removed as a director by a vote of at least 60% of the owners, on the basis of one vote per owner, and the declarant, as an owner, is entitled to one vote.