Bylaw enforcement, policies, communication, owner/tenant/board issues, etc.
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      Joanne Kuhn

      I am a property owner in a Bare Land Residential Resort development that has 7 Condominium Corporations. In July 2019 these 7 Condominium Corporation acquired the assets, of what was the “development company/Property Manager” of the 7 condo Phases. The “development company/Property Manager” owned the 9 hole golf course, water and sewer treatment plants, Pro shop along with the Club house and mixed use real property.
      Working within our current structure of 7 different Condominium Corporations, the “next best thing” to having the assets of the “development company/Property Manager” be common property was to have the shares of the “development company/Property Manager” be directly held by the 7 Condominium Corporation (in proportion to the number of lots within each phase). These shares then become property of the particular Condominium Corporation (of which each lot owner in that phase is a member), the Condominium Corporation (generally through its elected board) will manage these assets (as well as the common property).
      An “Alberta Named Corporation” was registered and the completion of the acquisition of all of the issued and outstanding shares of the “development company/Property Manager” were completed in July 2019, the operation of this new “Alberta Named Corporation” is governed by a Unanimous Shareholder’s Agreement, which was prepared by legal with input from and approval of the seven shareholders at time of purchase. The mandate of our new “Alberta Named Corporation” is to maintain and operate company-owned resort facilities and utilities as well as perform administrative and maintenance as specified in contracts with each condo corp.

      My concern/question is if this “Alberta Named Corporation”, Board membership is drawn from the Boards of the seven Condominium Corporations who now own this “Alberta Named Corporation” and are its seven shareholders. (The Board is composed of a director and a condo representative from each of the seven condo boards.):

      Would having the Board members of this “Alberta Named Corporation” sign Non-Disclosure agreements be in contravention of the Condominium Property Act?

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