Strata act and bylaws prevail but outside chairperson may help
Tony Gioventu
Province
Dear Condo Smarts: Our strata building has almost 200 units. Over the weekend we attempted to have our annual general meeting. Unfortunately, the 137 people who attended resulted in 137 different opinions on how our meeting should be run.
One person vehemently stated that unless there were any other rules of order that Robert’s Rules of Order automatically applied. Another group of owners insisted that the chair controlled the meeting and made all of the decisions. Others said it was our bylaws.
After five hours we were exhausted and the meeting adjourned on a rather acrimonious tone, with nothing accomplished. Was anyone correct?
— Diana W., Richmond
Dear Diana: Actually, the group who referred to your bylaws were the closest. Unless the strata has adopted any specific version of rules of order into its bylaws, the strata bylaws and the act prevail.
In a nutshell, all matters decided at general meetings are conducted by a majority vote unless a 3/4 or unanimous vote is required. Majority-vote issues include approving the agenda and past minutes, election of a chair for the meeting, if necessary, passing of motions, approval and amendments to the budget, election of council and even whether the chairperson has made a valid decision. Issues requiring a 3/4 or unanimous vote include bylaw amendments, special levies, changes to property use, amendments to the strata plan or court proceedings, to name a few.
Unless they have been adopted into your strata bylaws, neither Robert’s Rules of Order nor any other rules of order have any effect over your proceedings and never take priority over the strata act. Try to hire a qualified and competent outside person to chair your meetings. It can make all the difference and provide some much-needed help for your strata.
Tony Gioventu is the executive director of the Condominium Home Owners Association (CHOA). Contact CHOA at 604-584-2462 or toll-free 1-877-353-2462, fax 604-515-9643 or e-mail [email protected].
© The Vancouver Province 2005
