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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I live in a condo TH corporation, and our declaration states

Customer Question

I live in a condo TH corporation, and our declaration states that when a vacancy occurs on the board, that the board can appoint a qualified person to replace that member for the balance of his/her term, eg 1 year. Our new property manager of about two months informed us that the condo act super cedes our declaration and that the vacancy is only filled until the Annual General Meeting, eg. 1-2 months, which goes against our declaration. He also informed us that our declaration was done before the condo act existed and that it doesn't mean anything.
I also know that the condo act states that it is a prime board duty to ensure that rules
and the declaration are applied uniformly, etc. Is this not a conflict within the condo
act?
Question: Since the declaration is a legal document done by barristers and solicitors, do we not follow our declaration as specified by the condo act, which is the rules and regulations and by-laws of this complex that must be up held. To me, it's like the constitution of Canada, you have to follow the laws.
I know that the condo act is government and it states you have to have a declaration
for a condo apartment or TH condo complex.
Thank you in advance.
email: [email protected] ca
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
The property manager is correct. The remaining directors may appoint a temporary director to serve on the board until the next annual general meeting only. The Act governs. I am sorry this is not the answer you were hoping for.

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