Strata Corporation Bylaws and Rules (22:X): Difference between revisions

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Section 28(2) of the ''SPA'' permits a strata corporation to allow a class of persons, other than those referred to in s 28(1), to be strata council members. This does not permit a strata corporation to create a bylaw reserving positions on a strata council for owners of a section or type of strata lot.
Section 28(2) of the ''SPA'' permits a strata corporation to allow a class of persons, other than those referred to in s 28(1), to be strata council members. This does not permit a strata corporation to create a bylaw reserving positions on a strata council for owners of a section or type of strata lot.


Section 28(3) permits a strata corporation by bylaw to prohibit a person from standing for strata council or continuing as a strata council member with respect to a strata lot if the strata corporation is entitled to register a lien against that strata lot under s. 116(1).
Section 28(3) permits a strata corporation by bylaw to prohibit a person from standing for strata council or continuing as a strata council member with respect to a strata lot if the strata corporation is entitled to register a lien against that strata lot under section 116(1).


=== 2. Voting and Quorum ===
=== 2. Voting and Quorum ===


Section 53(2) permits a strata corporation by bylaw to prohibit a vote being exercised for a strata lot, except on matters requiring a unanimous resolution, if the strata corporation is entitled to register a lien against that strata lot under s. 116(1). That strata lot’s vote must not be considered for the purposes of determining a quorum (s. 53(3)).
Section 53(2) permits a strata corporation by bylaw to prohibit a vote being exercised for a strata lot, except on matters requiring a unanimous resolution, if the strata corporation is entitled to register a lien against that strata lot under section 116(1). That strata lot’s vote must not be considered for the purposes of determining a quorum (s 53(3)).


Section 48(2) provides that a quorum for an AGM or SGM is eligible voters holding 1/3 of the strata corporation’s votes, present in person or by proxy unless there are fewer than four strata lots or four owners (in which case it is eligible voters holding 2/3 of the strata corporation’s votes present in person or by proxy).
Section 48(2) provides that a quorum for an AGM or SGM is eligible voters holding 1/3 of the strata corporation’s votes, present in person or by proxy unless there are fewer than four strata lots or four owners (in which case it is eligible voters holding 2/3 of the strata corporation’s votes present in person or by proxy).
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