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Pricey Tony:
What can we do if our strata council won’t maintain a particular basic assembly that the house owners have petitioned? Our council regularly violates our bylaws and the Act and fails to implement bylaws. After firing our gardeners, they bought landscaping gear with out the authority to spend the funds or terminate the contract. Thirty-five per cent of our house owners signed a petition demanding a particular basic assembly to take away and elect a brand new council, however the present council has refused to convene the assembly.
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— Marilyn D.
Pricey Marilyn:
The Strata Property Act offers a transparent provision for petitioners if a strata council refuses to convene a petitioned assembly. If the council fails to convene the assembly inside 4 weeks after the assembly was petitioned, the petitioners might give discover of a particular basic assembly offered they adjust to the discover necessities and provisions of the Act and bylaws respecting the calling and holding of a particular basic assembly.
The discover should embody the proposed agenda and any resolutions, such because the removing of the council and the election of a brand new council. It should embody the date, time and placement, whether or not in particular person or an digital deal with and have to be issued 20 days written discover to every strata lot or proprietor prematurely of the assembly.
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The petitioning house owners who difficulty the discover might also wish to think about having a lawyer current on the assembly to make sure the procedures are adopted for registration, certification of proxies, issuance of voting playing cards, and to scrutinize the voting procedures and outcomes.
A strata council that has gone rogue and never responded to a legitimate petition will probably be confrontational and disruptive in your try and convene a particular basic assembly. This may increasingly additionally require some safety at your assembly.
One of many information the petitioners would require is the proprietor listing to find out the correct mailing addresses for discover. When the strata house owners difficulty a petition, request a duplicate of the present proprietor listing with present mailing addresses and e mail addresses if used for discover. The strata council might refuse to offer this data, nevertheless it have to be offered inside 14 days of a written request so it will coordinate with a petitioned assembly.
Along with the registration course of, affirm you’ve got a chosen particular person to be elected to chair the assembly and an individual to take minutes of the assembly. Recording the proceedings could also be invaluable proof if this evolves right into a authorized dispute.
Tony Gioventu is govt director of the Condominium Dwelling Homeowners Affiliation. Electronic mail tony@choa.bc.ca.
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