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  • #52722
    Avatarmaryjane
    Flatchatter

    Firstly,  at our recent AGM a blank  but signed proxy form was handed to the strata manager chairing the meeting. No explanation at the time was provided.  All incumbent committee members were self voted to the new committee and the following day the owner who provided the blank form indicated their intent to join the committee.  This was allowed by the strata manager on the basis that although they did not attend the meeting nor complete the form, it was their intent to join the committee.  Is this correct and legal?

    The second issue relates to the wording of a By-Law which was voted on at the meeting.   The strata manager omitted the word “bathroom” in the wording of the By-Law and therefore the context of the By-Law changed considerably to encompass all renovations at that particular unit and not just the bathroom.  The unit owner did not notice this error until reading a draft of the minutes emailed the following day.

    Upon noticing the omission the owner requested that the word “bathroom” be inserted into the By-Law and this was refused by the Strata Manager.  The Strata Manager said that it can only be dealt with by another vote at an AGM or EGM.  The final copy of the minutes has yet to be distributed.   Although other unit owners have carried out unauthorized bathroom renovations the strata manager chose only to identify one particular unit   for the By-Law and has been uncooperative.  Can this be corrected without another meeting?

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  • #52807
    Avatartwosailram
    Flatchatter

    Schedule 1, Part 2, Clause 4(2)(a) requires AGM agenda items to set out a required motion and include an explanation of the motion.

    Did the motion include the by-law wording with ‘bathroom’ included?

    Did the explanation specify only the bathroom?

    Was the motion amended from the floor of the AGM?

    If the answers are yes, yes & no respectively, I would think you have a strong argument of an error in the draft minutes. If a draft is distributed, to what purpose if submitted corrections are rejected?

    If the answers are no, no, no then the strata manager may be correct.

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