Frequently
Asked Questions (FAQ)
Q.
Audits: several owners are concerned about how their Council is
handling its money. They would like the books to be audited and Council is not
co-operating.
A. There
is nothing in the Strata Property Act that requires auditing of
the books. Council does not have to carry out an audit unless directed to by ¾
of the owners, assuming that they must also approve the cost of the audit.
We recommend that concerned owners follow the procedures
laid out for calling a special general meeting (Section 43).
§
Prepare a letter to Council requesting a special general
meeting to consider a resolution authorizing the necessary funds to commission
an audit.
§
Find the necessary 25% of the owners to sign the letter
and forward it to Council.
§
This will force a meeting within four weeks of the receipt
of the demand by the strata corporation.
§
If Council does not comply, Section 43(6) allows the
owners to hold their own meeting. From the Act:
43(6) If a special general meeting is not held within the
time period set out in subsection (3), the persons making the demand may
themselves hold a special general meeting by complying with the provisions of
this Act, the regulations and the bylaws respecting the calling and holding of
special general meetings.
If an annual general meeting is in the offing, the
concerned owners could use Section 46(2) to put the resolution on the agenda.
From the Act:
46 (2) Persons holding at least 25% of the strata
corporation’s votes may, by written demand, propose a resolution or raise a
matter specified in the demand.
Again, at least 25% of the owners are needed to sign the
written demand.
At the meeting it requires ¾ of the owners to approve the
resolution.