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Can a condo board present also be the management company? I

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Can a condo board present also be the management company? I own a unit in a small (9 unit) self-run building. The condo board president is also the 'management company' and recently the condominium accountant. If I have an issue with the management I cant go to my board (3 people total) because the president IS the management. Is this legal in Alberta?
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

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As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

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This appears to be a serious conflict of interest situation.

A Board member must reveal all potential conflicts of interest and then the Board must agree.

In this case it's not even a potential conflict but it is a true conflict as this board member is essentially running the show.

The Board delegates authority to the management company but he is delegating the authority to himself and you are stuck.

So if he wants to be the management company then he needs to step down as Board member and truly take direction from the Board,

Let me know if you need any further clarification.
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Customer: replied 3 years ago.

Good afternoon Debra,


 


I would like to covert your response into a document that I can bring to the condo board. It would simply be a statement of the law and understood not as legal advice. Should any action be required I can find a local attorney. My hope is to avoid such conflict though I would like to present something in writing as a doubt given the stakes the condo board president / accountant / property manager (she) will take my word on such matters. Thank you

If you hover your mouse over the "share" button you will see that you can print the answer.

And, thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!
Customer: replied 3 years ago.

Thank you Debra. I have already created a copy of this page. I was more so looking for something I could bring to the board. I am an academic myself and cannot bear to submit an argument without proper citation :) Not to mention that I initially wrote the query to you at 6:30am mountain standard time when I could not sleep and made some grievous errors in spelling and grammar. However, given your insights I feel prepared to commission a local attorney for such a document. Essentially a statement of the law and potential wrong-doings in this scenario without reference to this particular building or board president. Thank you for your assistance.

Customer: replied 3 years ago.

As a caveat to my last reply I would also be happy to commission you for such a document should you feel in a position to do so.


 


Cheers,


 


Amber


 


 

Unfortunately, we are not permitted to have direct contact with the customers but you should be able to get a letter from a lawyer that specializes in condo law fairly easily I would think.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-661-1095 or
403-228-1722 in Calgary
Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!

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