Part 49 published on 01/02/15
Court orders strata corporation to hire “independent observer” to oversee next election
The petitioner owned three of the units in this 186-unit strata corporation. He alleged that the result of an election held in November 2012 was invalid, due to proxy voting irregularities. The Court held, however, that this question was “moot” because there had been a further election, at a subsequent meeting. The petitioner also applied for disclosure of certain records. That application was also dismissed because, on the evidence, there was no proof of failure on the part of the strata corporation to produce documents or records as required by the Strata Property Act.
The Court nevertheless found it appropriate, in the circumstances, to exercise its discretion under sections 164 and 165 of the Strata Property Act to provide directions respecting the corporation’s next election. The Court said:
In the circumstances, I am satisfied that the issues raised in the petition, if not the specific relief sought, are sufficient to warrant recourse to s. 165.
…
In summary, I order that the (strata corporation), at its own cost, retain an independent observer to oversee and to monitor the conduct of the strata council election to be held at the next annual general meeting of the strata corporation which, pursuant to s. 40(2) of the Act, must be held within two months of December 31, 2014.