Can board members serve indefinitely, and must they be owners?

G.I.C writes:

Dear Paul:

Would you know what the norm is for the length of term a Board member can serve, how many consecutive terms can be served and whether Board members are always drawn from the owner group?

Paul replies:

Dear G.I.C.:

The Manitoba Condominium Act states that that Board members are elected at the owners’ Annual General Meeting (AGM) and as a result, would serve for one year. However, your governing documents could provide for longer terms to provide continuity. If re-elected a Board member can serve as many consecutive terms as she is able and willing unless your governing documents establishes limits. Some Bylaws might state that a Board member may serve a limited number of consecutive terms and then must take some time off before standing for re-election.

To be elected to the condominium’s Board of Directors a person must be an owner. For example, a person may reside in a suite on a full-time basis as a tenant, however they would not be considered an owner and cannot be elected to the Board.

Section 96(1) of the Condominium Act reads: “Subject to a condominium corporation’s by-laws, only unit owners and individuals representing unit owners that are corporations may be elected as directors.”

Also, if a unit is owned by more than one person (e.g. a couple), only one of them may serve on the Board at the same time.

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