With the state of the world can we delay elections at condo properties until further notice can a current board be kept seated for a year without holding an election?
Dear GAQ: Great question. While the following article addresses the issue from an Ontario perspective, I believe that it is very informative and can guide Boards in any province as they make decisions going forward at this challenging time. Most Condominium legislation and most governing documents state that to avoid a vacuum in community leadership, if no Board is elected, the current Board should remain in place until a new Board can take over.. I would recommend that Boards may want to be creative and seek ownership approval to extend the current Board’s mandate until an AGM can take place or a method may be designed to allow an alternate form of election. Also keep in mind that your governing documents could provide for longer terms for Boards of Directors. In any event, once the Board decides on which direction it wants to take, it would be wise to consult with legal counsel.
Depending on your particular circumstances, you may wish to delay the timing of the AGM. Provided you have a valid reason for the delay and that advance notice is given to the ownership, I do not think that you would be faulted. In fact, the Manitoba Condominium Act contains the following provision:
Waiver of annual general meeting
The board is not required to hold an annual general meeting if, before the date on which the meeting must be held, all unit owners entitled to vote
(a) waive, in writing, the requirement to hold the meeting; and
(b) give their written consent to resolutions that elect a new board by acclamation or deal with any other business.