Overview of CPA Requirements for Decision-Making
The CPA establishes specific procedural steps for how a condominium corporation makes decisions, including:
Resolutions and Voting: The board must follow the requirements for majority resolutions and special resolutions as outlined in the corporation's bylaws and the CPA.
Bylaw Compliance: All decisions must align with the corporation’s bylaws, which must be filed with the land titles office.
Proper Notice: Notices for meetings and voting must be issued within CPA-mandated timeframes and include the required details.
Quorum and Voting Structures
To make valid decisions, the board must meet quorum requirements and follow the correct voting structure:
Quorum Requirements: The minimum number of board members or unit owners needed to conduct business at a meeting. The specific number is set in the corporation’s bylaws.
Voting Structures:
Majority Resolution: Most board decisions require a simple majority vote.
Special Resolution: Some decisions, such as amending bylaws, require a special resolution, which must be passed by at least 75% of the total unit factors.
Proxy Voting: Owners may appoint a proxy to vote on their behalf if allowed by the corporation’s bylaws.
Types of Meetings Under the CPA
The CPA identifies different meeting types, each with specific requirements:
Annual General Meeting (AGM):
Must be held once per fiscal year within 15 months of the previous AGM.
Owners must receive adequate notice and financial statements before the meeting.
Special General Meeting (SGM):
Can be called by the board or by owners holding at least 15% of unit factors.
Must be properly notified and documented.
Board Meetings:
Typically held monthly or as needed.
The board must ensure decisions are properly recorded and comply with the bylaws.
Record-Keeping and Meeting Minutes
Proper record-keeping ensures that the corporation complies with CPA reporting obligations:
Meeting minutes must include:
Date, time, and location of the meeting.
Attendance and quorum confirmation.
Details of motions, votes, and resolutions.
Financial records, contracts, and voting records must be kept for a minimum of 7 years, as outlined in the Condominium Property Regulation.
Owners have the right to access certain records, except those protected under privacy regulations.
Legislative Reference:
According to the Condominium Property Regulation, a corporation must keep minutes of all meetings of the board and the corporation, including a record of all resolutions and decisions made.
Ensuring Decision-Making Compliance
Scenario: A Board Decision That Does Not Follow CPA Procedures
A condominium board member resolves to increase condo fees during a regular board meeting, without notifying board members in advance of their intended resolution or including it as an agenda item.
Task:
Identify the procedural issues with this decision.
Explain the corrective actions needed to ensure compliance with CPA requirements.
Key Considerations:
Did the board meet the voting requirements for a fee increase?
How should the board properly document and communicate the decision?
