Incumbents get elected ﬁrst
By Robert Noce
23 September 2016
This question was answered by Robert Noce, Q.C. in this Calgary Herald column.
At the election of my condo board at the last AGM, eight owners wanted
to sit on the board that only allowed for seven owners. Six of these
eight owners were board members from the year before. Instead of
opening up the election to the eight owners and have the voting happen
all at the same time, the board president simply asked those in
attendance if they could raise their hands and vote the six previous
board members in first. Then he allowed the two remaining candidates to
compete for the last remaining seat. Is this legal?
No, the election process that was followed does not appear to be legal.
To be 100 per cent sure, I would need to review your bylaws. However, I
will say this: in all the condominium corporation AGMs that I have
attended (and there have been many), the normal approach is that all
candidates (even the incumbents whose terms have come to an end) would
be subjected to re-election. The incumbents do not get a special pass
or advantage in an election.
Your question did not say if you have a property manager. In any event,
if the election was not followed in accordance with your bylaws, the
result of the election can be challenged.
Two issues here
The Chair of the AGM was abusing his position to favour the incumbents.
When the owners find out, he will never be trusted again.
The second issue is that the corporation's by-laws could be written to make it legal to give preference to the incumbents.
If so, then the incumbents, once elected or appointed, will be able to retain their positions for life.