[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

[CCI Admin]

Hi Gus: What section of the act covers that we as a board has the power to undertake all contracts on its own authority.

Jack H on February 19 2018 at 06:42 PM

[CCI Admin]

Think twice before you do that!! We did it and have regretted it ever since.

Anne A on February 19 2018 at 04:42 PM

[CCI Admin]

The board can contract a condominium manager without any input from Owners, unless there is a bylaw to that effect. Under the Act, the board has the power to undertake all contracts on its own authority.

Gus V on February 19 2018 at 04:31 PM

[CCI Admin]

Contact Hugh Willis at Willis Law

Steve T on February 19 2018 at 04:09 PM

[CCI Admin]

Hi Lisa, I can share our parking policy with you if you’d like. email me at rafal@geniepad.com and I’ll send it to you

Rafal D on February 27 2018 at 06:11 AM

[CCI Admin]

Janice,

We -Stellar MGMT- mailed it out to all the residents, gave plenty of notice, and keep records of each pass. The number doesn’t correspond to the unit number, for privacy.

No advance notice is needed, only the pass is needed – and without exception – it must be displayed.

Abuse from owners was the least of our concern near the arena, it was outsiders we were most concerned about, however if a resident is abusing the system, residents can make a complaint – provide us the number on the pass – and we can go back and check the cameras and then provide warnings – followed by a fine, followed by complete ban with the pass number being added to a list with the towing company.

We do not pay for the service, as there are many opportunities for the towing company to make money on towing and lot fees – being so close to the arena.

I hesitate to share where the passes are made, as I don’t want them to be duplicated, but they are very difficult to copy locally.

BJ

Alicia J on February 26 2018 at 09:34 AM

[CCI Admin]

*Who issues

Janice H on February 23 2018 at 01:02 PM Delete
*monthly fee (darn autocorrect)

Janice H on February 23 2018 at 01:03 PM

[CCI Admin]

Hi Bernard, can you elaborate on the parking pass? I ho issues it-the owner, board or property manager? What happens with “drop in” visitors who don’t give sufficient advance notic? Any abuse from owners using parking passes for their own vehicle? Do you pay for this service?
I’m in a 150 condo and owners were using visitor parking for a second stall and we had to use an outside company to set up a registration, monitor and tow for us but we pay a month lunch fee.

Janice H on February 23 2018 at 01:02 PM

[CCI Admin]

For one of my buildings, near the new stadium, parking was always a problem. We took a simple, yet effect approach. Parking is never an issue anymore, and for good reason. The visitor parking stalls are autonomously monitored by a towing company at no charge. They simple pop by now and then tow cars that do not have a visitor parking pass on their rear view mirror. It took about 3 months for all the previous problems to disappear completely. Be sure to use high grade passes that are not easily duplicated without great effort, time and expense.

Bernard J on February 09 2018 at 09:29 PM

[CCI Admin]

We are a 78 unit bareland/8 unit conventional condo Corp with 12 visitor spaces. We ask Owners to have their visitors post contact numbers on dashboards assuming they respect the 3-day limit. If not, we photo & post a message on the vehicle. If it becomes a repeater & or a longed stay then we ramp it up with a tow truck- vehicle owner pays.

So far the threat of towing has worked.

Robert M on February 08 2018 at 08:31 PM

[CCI Admin]

We are a 30 unit condo with only 6 visitor parking spaces. I have been told by the RCMP that they will only come (with the appropriate forms filled out) if your parking signs cite the correct bylaw, as Robin says. They will not come otherwise. If you contact them, they will send you the procedure they wish you to follow – at least that is what happened when I contacted them.

Ruth M on February 08 2018 at 08:19 PM

[CCI Admin]

Thanks Robin! Does the Board pay the towing fee then charge back to the owner

Lisa J on February 08 2018 at 06:45 PM

[CCI Admin]

We are a 103-unit apartment condo, with about 10 visitor parking spaces. We allow people to park free of charge in those spaces for 4 days. After that, we require that they rent vacant rental space. We have a towing contract, with the company posted, along with the bylaw citation (as required). We have not had to use Peace Officers since the policy was instituted.

Robin W on February 08 2018 at 06:42 PM

[CCI Admin]

The owner of a Titled parking stall is public information – check Land Titles.
Assigned parking stalls are ‘common’ property and the board may or may not disclose the person to whom it is assigned and can cite privacy as a reason. Another dimension involves the renting of stalls which also may or may not result in privacy concerns, the exception being if a stall was rented to a non unit owner.

Brian H on January 21 2018 at 10:10 PM

[Author]

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