CCI Admin

I’m not a lawyer and may have this wrong, but…

…the key item in your quote is “ordinary resolution”. I believe it is defined in the Condo Act, as well as a special resolution. If not, it’s defined in the Business Corporations Act. An ordinary resolution can be passed two ways as I recall:

1. A simple majority of unit factors voted at a general meeting of the owners (one with quorum – 25% of unit factors present or by proxy?), or
2. A 50%+1 majority of unit factors and 50%+1 majority of owners using a signed ballot or similar written vote.

The second method means an owners’ meeting does not need to be called.

This approach – a vote of the owners – doesn’t require cause, but would probably require an explanation of why the vote is being called (unless a majority of owners are well versed in Board politics). Your Bylaws may offer another means of removal for cause; this is one method that can force someone out without cause. Hopefully a resignation is offered once it is clear the Board will bring this issue to the attention of all owners…including financial institutions holding mortgages.

Arylnn P on May 27 2018 at 08:38 PM