CCI Admin

Jack, there aren’t very many things in the Act that call for a special resolution. Disposing of Corporation common property and amending the bylaws are two examples and you can see why: those are significant steps for any Corporation.

You always have to check to see what the bylaws say too; we can never make assumptions about what a set of bylaws says, and, after the Act, the bylaws are THE rulebook.

It’s unlikely there is a requirement in the bylaws for a special resolution in respect of retaining a property manager.

To answer your later question about where the Board gets it’s authority: look in the Act under the heading “Board of a Corporation.” Those sections provide some guidance regarding what a Board can and should do, generally. Further, section 37 contains the bedrock clause of what a Corporation can, and is to do. Critical to your question is the power and duty to control, manage and administer the Corporation property.

Very often it’s the case that neither the Act not the Bylaws have a specific answer to the issue at hand. But between the sections just referenced, and the sample bylaws attached to the Act, and the case law, (and assuming there is no strange prohibition in the bylaws): yes, the Board has the right and need not obtain owner approval.

David v on February 19 2018 at 08:55 PM