Voting & Governance


Voting & Governance

Can an owner give a proxy via email?

To be valid, a proxy must be signed by the person giving the proxy. As a result, an unsigned email is not a valid proxy.

My strata corporation has both residential and non-residential strata lots. The residential strata lots have enough votes to pass amendments to the bylaws without considering the non-residential strata lots. Can the residential strata lots pass bylaws over the objections of the non–residential strata lots?

No – Section 128(1)(c) of the Strata Property Act provides that separate 3/4 vote resolution are required of each of the residential strata lots and the non–residential strata lots in order to pass bylaw amendments.

Our strata corporation has a council member who is not on title to the strata lot, however, she is the spouse of the strata lot owner. May she be a council member?

According to section 28 of the Strata Property Act, a council member must be: (1) an owner; or (2) a representative of a corporate owner; or (3) a tenant with a written assignment of an owner’s right to be on council; or (4) a different class of person that has been given the right to stand for council by authority of a duly passed bylaw of the strata corporation. Since the person on council is not an owner and not a tenant and assuming that the strata corporation does not have a bylaw that allows spouses to stand for council, she is not authorized to be on council.

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