Mike Mangan has updated TCM Online, the electronic version of The Condominium Manual, to include the recent developments from Strata Plan NW 971 v. Daniels, 2010 BCCA 584, affecting both Notice for an Adjourned Meeting and Reconsidering the Vote on a Resolution.
Notice for an Adjourned Meeting
The Strata Property Act does not say whether fresh notice is necessary when a meeting is adjourned. Where a properly convened general meeting is adjourned, it appears that fresh notice is not required so long as the business at the adjourned meeting relates only to the same agenda and resolution as the initial meeting. If the strata corporation wishes to consider new business of any kind at the adjourned meeting, the corporation must give fresh notice in compliance with the Act.
In Strata Plan NW 971 v. Daniels a strata corporation held a general meeting to consider a special resolution to approve a special levy for repairs. At the meeting, the vote failed. Before the vote was recorded in the minutes, the eligible voters passed a motion to adjourn the meeting for one week to reconsider the special-levy resolution. The strata corporation did not issue fresh notices for the adjourned meeting. One week later at the adjourned meeting, the eligible voters reconsidered the resolution and passed it. This was the only business conducted at the adjourned meeting. Later, an owner claimed she did not have to contribute to the special levy because the strata corporation failed to issue fresh notices for the adjourned meeting where the levy was approved. The British Columbia Court of Appeal confirmed that fresh notice was unnecessary in these circumstances. The adjourned meeting was not a new meeting. Rather, it was a continuation of the initial general meeting and the only business carried out there related to the same agenda and resolution as the initial meeting.
Reconsidering the Vote on a Resolution
Whether a resolution succeeds or fails, may a strata corporation decide to reconsider the matter by holding another vote. The Strata Property Act does not contain any procedure for reconsidering a resolution that requires a majority vote or unanimous vote. The Act does provide a procedure for reconsidering a successful 3/4 resolution, but it says nothing about reconsidering a failed 3/4 resolution. Similarly, the Act says nothing about reconsidering a majority or 3/4 resolution. According to Strata Plan NW 971 v. Daniels, to the extent that meeting procedures are not covered by the Strata Property Act, a strata corporation may adopt its own procedures, so long as those procedures are fair and reasonable. In that case, the court upheld a reconsidered vote where the strata corporation used the procedure in Robert’s Rules of Order to reconsider and pass a 3/4 resolution after it was initially defeated. So, whether a resolution is successful or not, to the extent the Act does not provide a procedure for reconsideration, it appears the strata corporation may reconsider the resolution if the procedure used to reconsider it is fair and reasonable.