Access
If you want to know how many fines were issued you may have to figure it out by checking the minutes, where at law, each and every decision must be recorded.
Yes, you're entitled to this information under s.35 and s.36 of the SPA, and no, the PM is not othewise authorized to disclose it.
Application to Strata Property Act
3 (1)This Act, except Parts 7 and 8, applies to the Strata Property Act, UNLESS inconsistent with that Act.
(1.1)Despite subsection (1), provisions of Parts 7 and 8 of this Act apply to the Strata Property Act IF STATED TO APPLY by the Strata Property Act.
(2)Part 9 of this Act applies to the Strata Property Act ONLY TO THE EXTENT EXPRESSLY STATED in the Strata Property Act or in Part 9.
Council's job is not to follow the majority's wishes, it is to comply with the SPA, enforce the bylaws, and act in the best interests of the strata, which is often quite different than the wishes of the majority. In fact, the SPA, SPR, and strata bylaws have answers to most questions for anyone who reads them.
Those who make the most noise may come across as the majority, but they're often a short sighted minority acting in their own interests, or worse, property managers who have no skin in the game but can influence the majority to skip depreciation reports and skimp on contingency reserve funding so they can management fees without raising strata fees. The result is unrepaired damage, high insurance rates, and special levies, all contrary to the best interests of the strata.
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If the majority doesn't see or understand what's in the best interest of the strata, then council members who aren't acting in conflict can educate them.
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I am so
sorry to hear this. Good for you for hanging in there. I hope this group helps.
I hope even more that you manage to prevail while on council.
What's
usual is not necessarily the same as what's lawful. It's unlawful for one member to make
decisions without a majority vote of council, but it's not unusual. Somebody has to object, or it never stops.
The only
matters that council must bring before the owners are those specified in the
SPA, but that's not a limitation. Council has some discretion.
If meetings are being scheduled to exclude you perhaps you should ask for the agenda, to make your motions and arguments and cast your vote electronically, by email, or by phone. Having said that, I would make every effort to avoid holding AGM's electronically to preserve the secret ballot, get to know the candidates for election, and stop property managers from controlling the mute button.
Beyond attending 9 meetings in a year, there was NO required work to being on council, not even the time to review correspondence or financial data - because everything was filtered through the PM. It was even worse when my husband was on council.