Part 35 published on 01/09/11
Corporation failed to properly hold a secret-ballot vote. Special levy not properly passed
The Court said that a secret ballot vote requires that there be a private area or space (such as a booth) to allow owners to mark and deposit their ballots in private. Otherwise, other owners and persons collecting the ballots can possibly see an owner’s vote, which can defeat the secrecy of the vote.
The Court said that the secret ballot vote, held in this case to approve a special levy pursuant to the corporation’s by-laws, was not properly held and was accordingly void.
[Editorial Note: Thousands of secret-ballot votes are held every month in condominiums across Canada, and I don’t believe that I have ever heard of a “voting booth” at a condominium meeting. In my experience, owners can normally achieve secrecy by using a hand (to hide their ballot), or by marking their ballot in a quiet corner, and then folding the ballot before providing it to one of the scrutineers. Any owners requiring a private room or space (to mark their ballots) can request such. (In light of this decision, I think that corporations should be ready to accommodate any such requests.) But I’m surprised that a Court would declare a vote void where no owner had made such a request.]