Reviews and recommendations are unbiased and products are independently selected. Postmedia may earn an affiliate commission from purchases made through links on this page.
Article content
Question: I am a newly elected board member in condominium complex of more than 70 units. The other board members (who were all re-elected at the annual meeting) do not like me because I like to challenge the property manager and my fellow board members on matters pertaining to our complex. In the past several months, I have not been invited to board meetings. In fact, I do not even know when and where our board meetings are being held anymore. I do not receive email notices or other board information. Is this allowed? Help!
Article content
Answer: The short answer to your question is “NO.” As a member of the board, you are entitled to full participation in all board meetings, discussions and decisions (except where there is a conflict of interest) and you are entitled to review the condominium corporation’s records and documents for the purposes of carrying out your board duties. The Condominium Property Act provides specifically that every member of a condominium board, in exercising the powers and performing the duties of the office of member of the board, shall act honestly and in good faith with a view to the best interests of the condominium corporation, and exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances. Being a board member is a big responsibility. You have been elected as a representative of your fellow owners to govern the condominium corporation for the collective best interests of all owners.
I suspect that the bylaws of your condominium complex will also set out some further, specific board powers and duties. Please review your bylaws. Generally, each member of the board is entitled to vote on motions before the board and each member of the board has an equal interest and an equal right to participate in the board’s decision making process.
Article content
The board is not made up of some members who have some special power to exclude other members from meetings at their discretion. All board members are entitled to notice of and participation in decisions and discussions at board meetings.
Helpful Hint: Condominium boards must be transparent with their fellow members and owners. There needs to be compelling reasons for excluding a fellow board member from any discussion (such as legitimate conflict of interest) and that should be reflected in the minutes. A board cannot simply “not invite” one of its members to a meeting. There is nothing wrong with any member of the board asking the property manager or other board members for clarity on any issue.
Roberto Noce, K.C. is a partner with Miller Thomson LLP in both the Edmonton and Calgary offices. He welcomes your questions at albertacondolaw@millerthomson.com. Answers are not intended as legal opinions; readers are cautioned not to act on the information provided without seeking legal advice on their unique circumstances. Follow Noce on X at @RobertNoce.
Share this article in your social network