Condo Director Leaving ???


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cipherstrike   
Member since: Jun 09
Posts: 25
Location: Toronto

Post ID: #PID Posted on: 03-10-09 22:11:30

One of the board of directors in the Condo has sold his unit and planning to move out.

Can this director still keep this post and run for election next year after his ter m is over.

Can someone else take this post as interim, as I see no reason for him to be on the board of directors ?

Thanks in Advance



amit kalia   
Member since: Nov 03
Posts: 434
Location: Mississauga

Post ID: #PID Posted on: 08-10-09 20:39:03

Quote:
Originally posted by cipherstrike

One of the board of directors in the Condo has sold his unit and planning to move out. Can this director still keep this post and run for election next year after his term is over.




No.

Quote:


Can someone else take this post as interim, as I see no reason for him to be on the board of directors ?




There can be many options as per the Condominium Act, 1998 :

Replacement

(2) In accordance with the by-laws dealing with the election of directors, the owners may, at the meeting, elect any person qualified to be a member of the board for the remainder of the term of a director who has been removed. 1998, c. 19, s. 33 (2).

Vacancy

34. (1) If a vacancy arises in the board, the remaining directors may exercise all the powers of the board as long as a quorum of the board remains in office. 1998, c. 19, s. 34 (1).

Replacement made by board

(2) If a vacancy arises in the board and a quorum of the board remains in office, the majority of the remaining members of the board may appoint any person qualified to be a member of the board to fill the vacancy until the next annual general meeting. 1998, c. 19, s. 34 (2).

Replacement made by owners

(3) Subject to subsection 51 (6), at the annual general meeting mentioned in subsection (2) the owners shall elect a person to fill the vacancy that arose under that subsection who shall hold office for the remainder of the term of the director whose position became vacant. 1998, c. 19, s. 34 (3).

Election when no quorum

(4) If a vacancy arises in the board and there are not enough directors remaining in office to constitute a quorum, the remaining directors shall, within 30 days of losing the quorum, call and hold a meeting of owners to fill all vacancies in the board. 1998, c. 19, s. 34 (4).

Owner may call meeting

(5) If the directors do not call and hold the meeting or if there are no directors then in office, an owner may call the meeting. 1998, c. 19, s. 34 (5).

You should go and speak to your condominium's property manager. He/she will be well versed with the situation that pertains to your condominium corporation.

Cheers,


-----------------------------------------------------------------
Amit Kalia, Broker, REALTORĀ®
RE/MAX Real Estate Centre., Brokerage
independently owned & operated
100 City Centre Dr, Unit 1-702
Mississauga, ON L5B 2C9
Phone No.: 905-339-5111
Website: https://www.realestate-ontario.com/
Condo Blog: https://condopundit.com/blog/




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