Condo Owners Association COA

Is online voting really a safe, secure and transparent platform for Condominiums?  

Board of Directors are no longer visible to Owners, they can sit behind closed doors of their condo units while Owners are being sent electronic copies of the Annual General Meeting package.  Many Board Members can hide behind the Corporation Solicitor at the Annual General Meeting as well. 

It was always common for the President of the Board of Directors to Chair the yearly Annual General Meeting however in the last few years the Condominium Corporation Lawyers are being hired to Chair the AGM.   Sadly, this process has placed Condo Owners in a very compromising position in their own Condo Buildings.  The AGM is only once (1) per year and many Condo Owners do not understand the process nor do they feel comfortable to stand up against the Corporation Lawyer to ask a simple question of their building.  The Board of Directors are handling the affairs of the Corporation, surely they should be able to report directly to the owners without being shielded with Legal Representation. 

The Board of Directors selects the Corporation Solicitor yet the Owners select the Auditor through a voting process at the Annual General Meeting.   The optics do not appear to present an unbiased representation of the Solicitor considering they are solely hired by the Board and given instructions by the Board of Directors.  It appears as though further consideration should be made for the Condo Act to engage the Owners in the Selection of both the Auditor and the Corporation Solicitor.    

AGM Intimidation

If a TRUE Poll was taken, hands down Condo Owners would agree they feel intimidated by the Chair being the Corporation Solicitor and they leave the AGM feeling frustrated and confused.   The process was rushed, the question period was after elections yet they preferred to have answers prior to the Voting process.  Most likely some Candidates are present Board Members seeking re-election.  Owners want to make an informed decision and need answers to questions relating to the past years operations.  Then they can move to choose a new Candidate or to re-elect a past Board Member.  There is also a misunderstanding of an appointment which is when a Director is appointed by the present Board to fill a vacant position, that person was not elected so if they do decide to run for a position on the Board in the upcoming election it is not considered a re-elect, they were simply an appointment to fill the remaining term.  

The Corporation Solicitor should not force Question Period following Elections but they do it all the time.   Owners have to turn the room upside down with forceful persistent of objection for the Solicitor to change this path. Do  you wonder why?

Here are the Facts

In a 5 person Board of Directors where 3 carry a majority vote, if a Board Members standing for re-election doesn't get elected it could shift the majority vote whereby a Board decision of the new Board could mean termination of the Corporation Solicitor.  Is there a problem with this picture?  This situation is also the same with the Property Management contract so as Condo Owners will agree there is somewhat of a conflict of interest when Property Managers and Property Management companies and the Corporation Solicitor is involved with the Annual General Meeting.  Then you have to ask "What about the online voting platform" is it operating with transparency and accurately?"

Volunteers overseeing multi-million Dollar Corporations

Condominium buildings are multi-million dollar Corporations with volunteer Board of Directors overseeing a Million Dollar Budget and Multi-Million Dollar Reserve Funds, what makes anyone believe that this voting platform is secure and untampered plus why are Board of Directors not visible and transparent at the Annual General Meeting?  If they are managing the operations and budgets of the Condo Corporation, surely they can report accordingly and if they can't maybe it should be the Auditor who is the Chair at the Annual General Meeting.    Most Lawyer rush through the AGM and Condo Owners are confused by the AGM process. 

The process at an AGM is very simple.  

1. The  Chair calls the AGM to order

2.  Proof of Meeting is confirmed meaning the process to call the meeting was carried out in accordance with the Condo Act.

3.  Announcement of Quorum - The Condo Act requires 25% of the Unit Owners to be present in person or by proxy to proceed with the AGM

4.  Introduction of the Head Table - to include the Board of Directors, Auditor, Recording Secretary, Admin Staff, Property Manager and Property Management Company District Manager

5.  Scrutineers are required to count the ballots either by nominations or volunteers

6.  The Chair requests for an "Approval of the Minutes for the previous year AGM" after requesting any discussion from the Condo Owners or Proxy holders at the meeting

7.  The Auditor provides his Report of the Financial Statements and requests approval of the room

8.  The Chair requests for an Appointment of the Auditor from the room 

9.  The Chair is normally the President who at this time provides her/his report

10. The Chair continues with the Election of Directors

11.  The Chair informs the room of the Results of the Board of Director Election

12. The Chair holds a question period

13.  The Chair adjourns the meeting with a motion and a 2nd to the motion