Oakville Beaver, 8 Jun 1994, p. 23

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Voting must be done by the book Dear Condofax: Our Board would like clarification on voting procedures regarding changes to the common elements. Rather than call a speâ€" cial meeting regarding proposed changes to the common elements i.e. removal of wrought iron railings on front patios and/or increasing the parking area within the complex, would it be possible to hold a "mailâ€"in" by ballot on issues which require 80 per cent of homeowners? The Board feels that a vote by ballot would give a better response than calling a special meetâ€" ing for these issues. The next Board meetâ€" ing is scheduled for Wednesday, June 1st and we would appreciate having a response prior to that date. President Dear President: The problem with rules and regulations is, while they do provide some measure of control, over the operation of our affairs, they sometimes restrict our freedom of action. I fear that, in your case, the Condominium Act, in its desire to protect the owners of the units, have laid down some pretty definite restrictions in the way in which meetings of owners may be conâ€" ducted. Audrey Leob, in her book Condominium Law and Administration, states; "Since the Act specifically states that those matters on which owners can exercise their right to vote are to be dealt with at a meeting called for that purpose, all voting, whether in person or by proxy, should be done at the meeting itself, not by advance polling or by obtaining the conâ€" sent of unit owners after the fact (see Sections 21 and 22). In my opinion, this would preclude deciding the questions by way or written JOHNSTON 8 DANIEL LIMTED + REALTOR 169,900. La 19 W% celllng,ét be seen. Please cal INCREDIBLE VALUE. EAST $305£gg$nreat locati gxnsc':uel{lgnt schgrgl sun im., private c\dN{ot, air c B. NEWELL* 844â€"6061 PICTURE PERFECT f desirabl PHYLLIS NICHOLSON®* 844â€"6061 responses on the part of the unit owners. Thus your Board should follow the proper procedures by giving at least ten days‘ written notice to each owner, or mortgagee entitled to vote, either personally or by prepaid mail addressed to him or her at the address contained in the corporation‘s records (Sec. 20). The notice of meeting must specify the place, the date and hour of the meeting and the nature of the busiâ€" ness to be discussed. The ten day‘s notice required by the Act includes weekends but does not include the day the notice was sent or the ‘day of the meeting. Wherever the Act stipulates "at least" with reference to the number of days‘ notice required, the first and last days are additional days. Therefore, "at least ten days‘ notice" actuâ€" ally means 12 days. A notice of meeting must be personally delivered *handed to the unit owner and receipt thereof acknowledged) or sent by mail. Dropping notices in mail boxes or slipping them under the door does not meet the requirements of the Act. Improper delivery of the notice could be grounds for subsequent overturning of the meeting. And this is something I was unaware of until I looked further into the matter. According to Sec. 35(9) "The auditor can attend any owner‘s meeting involving financial statements or conditions of the corporation. He is to receive all notices and be present and when present can answer any questions regarding items that may concern him as auditor. So that is one more notice that should be delivered if you RAVINE â€" BRONTE fig“%:fi: Jlfit Bronte Creeetgasrat:ie I?'IR rther details SUE THOMKINS* 844â€"6061 are to go strictly by the book. I hope you find this helpful. Condofax welcomes your questions about condominiums and can be reached through the Oakville Beaver at 467 Speers Rd., Oakville, Ontario LGK 384 or by callâ€" . ing The Golden Horseshoe Chapter of the Canadian Condominium Institute (CCI) at 905â€"521â€"8144 EXCELLENT BuY kltc’fiéen mclud% a7fl apg\laasttw%es %rert]]tgal aur% ow cover roy and bus stop at SUE THOMKINS* 844-6061 HOME OF THE WEEK DOWNTOWN ESTATE PROPERTY ASKING PRICE $539,000 Very special 4 BR, 2â€"storey home in parkâ€" (ke setting, Irg. well treed lot %’xQOQ’, priv. tennis court with fast drying "Layklog" surface, new roof, sauna, w/o from fam. mm. to Irg. rec. area cov. by 20 ft. awning, alarm system, patio area and BBQ on roof area for cheering section during tennis games. EDNA KING* 844â€"6061 H. Penman Smith is a Burlington resiâ€" dent who has been active in all phases of condominium activity since 1975. He is viceâ€"president of the Golden Horseshoe Chapter of the CCI and former Condominium Information Officer with the Ministry of Consumer and Commercial Relations of the province of Ontario. The opinions stated in this column are his own. He is not qualified to give legal opinions. JOHNSTON es property BOWQPd%Ius poo[aCt _ZEtmel wng throom and wal SUE THOMKINS* 844â€"6061 /mth. Fabul drooms Fe 3 Julya1 %%glterlwecpand references. SUSAN FLYNN* 844â€"6061 Beautiful _ â€"lot, _top â€"of escarpment, ideal for 4,500 sq. ft., biâ€"level (plans available]) footings in. BILL HUMPHREYS** 844â€"6061 p66L ‘g aunp ‘Aepsaupam ‘eagog ay1 jeoH â€" € Nee ol n e c i ce o l s sn c en N Nh o e ooo s Eit s n is

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