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  • #9035
    Petard
    Flatchatter

      I complained to the strata manager about the wording of the EGM. In requesting an EGM calling for motions in favour of certain bylaws, an executive member wrote that the CTTT ordered one of the bylaws. It didn’t. The adjudication ‘recommended’ a bylaw. On reading the text of the Notice of EGM, any prospective buyers will get the wrong impression. The strata manager replied to my complaint that any executive member can request an EGM with any wording they like. Comments?

      In fact, the strata manager quoted the Act and said that he had to put the agenda wording exactly as the other exec member had put it to him. I have been advised separately that I should have added a motion to the agenda regarding the incorrect wording as soon as I saw it, because now, it stands and there isn’t any time to do anything about it.

      As to the motives behind the incorrect wording that may dissuade prospective buyers – about the CTTT ordering the bylaw….the EGM is scheduled just days prior to the auction of our apartment. It’s puzzling why the other owner has chosen to try to dissuade prospective buyers and negatively influence the value of our apartment in this vain attempt to rush through amateurishly and poorly constructed bylaws, one of which has been seriously challenged by many prospective buyers. I can only guess that rather than being happy to see us go, he’d have us suffer as well as see us go.

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    • #19465
      scotlandx
      Strataguru

        Yes, you can put up a motion for inclusion in a notice of meeting which can say anything.  A couple of things:

        – that doesn’t necessarily mean that it has to be included in the meeting agenda.  There was a recent case that held that there is no obligation to include something that is essentially a recitation of grievances for example.

        – if the CTTT didn’t order that something be done, then the motion is misleading to that extent.  I wouldn’t be so worried about a prospective buyer as I would about the owners who are voting on the motion.  It raises the question if the resolution is then passed, as to whether the resolution is valid (because the information contained in the resolution was incorrect)  It may be that the resolution would have been passed anyway, but that turns on each circumstance.

        In this case I think the strata manager and the EC member are pushing the boundaries – they are both in a position to know that the resolution/notice on its face is misleading.  That raises questions about their conduct.  In the case of the strata manager, they put the agenda together and review all the motions, so I would expect if they came across something that was wrong in terms of facts stated, that they would draw that to the attention of the person putting up the motion.

        That leaves the question of the EC member and why they would do that.  You are in a better position to know that.

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