28/05/13 – Jurisdiction Alberta
Part 29 published on 01/02/10
Voting must be based on unit factors
Part 29 published on 01/02/10
Voting must be based on unit factors
The by-laws of the condominium corporation said that, on a show of hands or secret ballot, voting would be on the basis of one vote per unit; but on a poll, voting would be on the basis of unit factors. The Court said that the by-law was in conflict with Section 26(1) of the Condominium Property Act, which requires that all voting be on the basis of unit factors. The provisions of the by-law which were in conflict with the Condominium Property Act were declared to be void and of no effect.