Article

Majority Vote

Many condominium decisions can be made by the Board alone. But some decisions require owner involvement. When owner involvement is required, the Condominium Act indicates what sort of owner involvement is necessary.

For example, a by-law requires a particular kind of “majority vote”. Section 56(10) of the Act says that a by-law must be confirmed by a vote with the owners of a majority of all units voting in favour of the by-law.

But if the Condominium Act doesn’t say otherwise, when a decision requires owner involvement, an “ordinary vote” is required. This is governed by Section 53 of the Act, which states:

53. Unless otherwise provided in this Act, all questions proposed for the consideration of the owners at a meeting of owners shall be determined by a majority of the votes cast by owners present at the meeting in person or by proxy if there is a quorum at the meeting.

So, an “ordinary vote” is a majority of the votes cast, provided there is a quorum. As an example, suppose at a meeting of owners fifty units are represented either in person or by proxy and this is sufficient for a quorum. Suppose there is a motion requiring an ordinary vote (such as re-appointment of the auditor). Suppose the vote is called and the results are as follows: there are two votes in favour; there is one vote opposed; and all other voters (forty-seven) abstain from voting. Under this scenario, the motion is “carried”, two votes to one (ie. a majority of the votes cast).