Multiple lot ownership

Where an owner at a complex owns more than one lot - what are the rules surrounding their nomination for a Council of Owners position?

The amendment to the Act (By-law 4(3)) changed how the constitution of the council is determined. The constitution of the council is now determined by the number of lots in the scheme. 

Therefore:

• A Corporation or owner that owns multiple lots in a scheme can secure multiple council positions; and 
• Co-owners of multiple lots in a scheme can secure multiple council positions. 

Whether an owner of multiple lots is deemed to be 1 owner is now irrelevant because By-law 4(3) now provides that the constitution of the council is determined by the number of lots in the scheme rather than the number of owners.

By-law 4(3) now provides that: 

“If there are not more than 3 lots in the scheme, the council consists of all of the owners of the lots and, if there are more than 3 lots in the scheme, the council consists of not less than 3 nor more than 7 of the owners of the lots, as is determined by the strata company.”

By-law 5(6)(a) provides that: 

“A person who is entitled to vote must complete a valid form by…writing on the form the names of candidates, equal in number to the number of members of the council so that no name is repeated.”

The interpretation of ‘no name is repeated’ is likely to mean that you can’t write the same name of a nominee of a single lot, multiple times. You could however write the same name down where there are multiple nominees with the same name for different lots.  

For example: If the Nominees names are John Smith, John Smith, Corporation X, Corporation X, Corporation Y, and you only had to fill 3 positions, then you could vote for John Smith (lot 1), John Smith (lot 2), & Corporation Y.

Joint ownership

Where the lot is owned by more than one owner - only one of the owners can be nominated to represent that lot on the CoSC. Where those lot owners fail to agree on a nominee - then this person is decided by whoever has the largest ownership share of the lot. If the ownership of the lot is equal, then the owner whose name appears first on the title certificate will be the nominee.