The Role of the Condominium Manager in Meetings
A condominium manager is not a voting member of the board but is responsible for ensuring that board meetings and decision-making follow legal and procedural requirements. Managers must:
Advise the board on CPA and bylaw requirements for meetings, resolutions, and voting procedures.
Ensure proper documentation of decisions, including accurate meeting minutes and financial reporting.
Prevent procedural errors that could result in legal challenges or board decisions being overturned.
Legal Justification for Meeting Procedures
Every decision made in a condominium board meeting must follow specific legal guidelines to ensure transparency, accountability, and enforceability.
Why Compliance Matters:
Boards must follow CPA rules to ensure their decisions are valid and enforceable.
Non-compliant decisions can be challenged by owners, leading to disputes or legal action.
Poor governance practices weaken the board’s authority, damaging credibility with owners.
Defending Professional Decisions as a Condominium Manager
Board members may resist procedural requirements due to lack of knowledge, urgency, or internal conflict. A manager must be prepared to:
Educate board members on the legal consequences of not following proper procedures.
Remain firm on procedural integrity even when pressured by the board to overlook legal requirements.
Provide written documentation citing CPA provisions to support procedural decisions.
Offer alternative solutions that comply with the law while achieving the board’s objectives.
Handling Board Non-Compliance
Despite a manager’s best efforts, some boards may still refuse to comply with CPA requirements.
Potential Board Violations:
Improper Meeting Notice: Failing to provide adequate notice before an AGM or SGM.
Invalid Voting Methods: Holding informal votes that are not properly documented.
Failure to Maintain Quorum: Proceeding with meetings without the required number of board members.
Bypassing Formal Resolutions: Making major financial or bylaw changes without a special resolution.
What Can a Manager Do?
Document the issue in meeting minutes.
Advise the board in writing about non-compliance risks.
Encourage legal consultation if the board is uncertain about procedures.
Escalate to RECA (Real Estate Council of Alberta) if governance breaches persist.
Case Study – Board Non-Compliance
Scenario:
A condominium board approves a major special assessment without holding a properly noticed Special General Meeting (SGM) or obtaining a special resolution vote from owners. A group of owners challenges the decision, stating it was made unlawfully.
Task:
Identify the CPA rules that were violated.
Explain the risks the board faces by not following proper procedures.
Propose a corrective action plan to ensure the decision is valid.
