LAW
Proxy has right to attend meeting
September 6, 2008
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Gerry Hyman
SPECIAL TO THE STAR
Q: The proxy forms distributed for our annual meeting state that to be valid they must be delivered to management five days before the meeting.
Is that true?
A: The Condominium Act specifies that to count towards the quorum an owner must be present in person or by proxy and that an owner is entitled to vote personally or by proxy. I am of the opinion that failure to meet the five-day rule, even if it is included in the bylaws, cannot override a proxy's right to attend and vote at an owners' meeting.
Q: Can a property manager refuse to follow instructions of the board that he knows contravene the Condominium Act or some other law?
A: Yes. The manager, if satisfied that the contravention exists, should advise the board in writing of the manager's reasons for refusing to comply.
Q: Our fiscal year runs from Jan. 1 to Dec. 31. We received a revised and increased budget for the balance of the fiscal year commencing Sept. 1. Is the board entitled to revise the corporation's budget partway through the year?
A: Yes. The board may need additional funding due to operating expenditures in excess of the budget or due to a shortfall in the reserve fund for immediately required, major common element repairs. The board must either levy a special assessment or issue an amended budget to increase the monthly common expense payments.
Send questions to gerryhyman@ bellnet.ca or fax: 416-925-8492.
Lawyer Gerry Hyman is an expert in condominium law and appears in Condos on Saturdays.
Toronto Star