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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99005
Experience:  Lawyer
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We had an AGM and 7 people were voted on. At our next

Customer Question

We had an AGM and 7 people were voted on. At our next council meeting an owner asked if one of the people were eligible to be on council as he was a renter and his landlord (owner) didn't provide the proper paperwork at the AGM and signed the proper papers 6 days after the AGM. It was deemed that this person could not be on council due to incomplete paperwork at the AGM. Our question now is: Is the council for the remainder of the term a 6 person council or may we bring on another person to fill the 7th spot until the next AGM. Thank you for taking the time to listen and respond, Veronica
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Is this a strata?

Customer: replied 1 year ago.
it is
Customer: replied 1 year ago.
I forgot to put that in last response
Expert:  Debra replied 1 year ago.

The Council members can choose whom to replace this director with and then this new director will act until the new AGM.

Customer: replied 1 year ago.
Can you get different opinions from different lawyers as someone else on our council was told that the council would only consist of 6 on the strata council as the 7th one wasn't voted in correctly at the AGM.
Customer: replied 1 year ago.
forgot the***@******.***
Expert:  Debra replied 1 year ago.

That is not what the Act says.

Replacing council member

12 (1) If a council member resigns or is unwilling or unable to act for a period of 2 or more months, the remaining members of the council may appoint a replacement council member for the remainder of the term.

(2) A replacement council member may be appointed from any person eligible to sit on the council.

(3) The council may appoint a council member under this section even if the absence of the member being replaced leaves the council without a quorum.

(4) If all the members of the council resign or are unwilling or unable to act for a period of 2 or more months, persons holding at least 25% of the strata corporation's votes may hold a special general meeting to elect a new council by complying with the provisions of the Act, the regulations and the bylaws respecting the calling and holding of meetings.

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