If a mortgagee who has priority fails to exercise the right, the mortgagee who is next in
priority may exercise the right and in that case no other mortgagee may exercise the right. 1998,
c. 19, s. 48 (3).
Voting by owner(4)
If none of the mortgagees who have the right exercises the right, the owner has the
right to vote at a meeting of owners subject to subsection 51 (1) or to consent in writing. 1998,
c. 19, s. 48 (4).
Loss of owner’s right to vote49. (1)
An owner is not entitled to vote at a meeting if any contributions payable in
respect of the owner’s unit have been in arrears for 30 days or more at the time of the meeting.
1998, c. 19, s. 49 (1).
Payment of arrears(2)
An owner who is not entitled to vote under subsection (1) may vote if the corporation
receives payment of the arrears with respect to the owner’s unit before the meeting is held. 1998,
c. 19, s. 49 (2).
Parking or storage unit(3)
No owner shall vote in respect of a unit that is intended for parking or storage purposes
or for the purpose of housing services or facilities or mechanical installations unless all the units
in the corporation are used for one or more of those purposes. 1998, c. 19, s. 49 (3).
A quorum for the transaction of business at a meeting of owners is those owners
who own 25 per cent of the units of the corporation, unless a by-law registered in accordance
with subsection 56 (9) after this subsection comes into force provides that the quorum is those
owners who own 33
per cent of the units of the corporation. 1998, c. 19, s. 50 (1).
Determination of quorum(2)
To count towards the quorum, an owner must have been entitled to receive notice of
the meeting, must be entitled to vote at a meeting and shall be present at the meeting or
represented by proxy. 1998, c. 19, s. 50 (2).
Where only one owner(3)
If a corporation has only one owner, the owner present in person or by proxy
constitutes a meeting. 1998, c. 19, s. 50 (3).
To vote at a meeting of owners, an owner must have been entitled to receive notice
of the meeting and must be entitled to vote at the meeting. 1998, c. 19, s. 51 (1).
One vote per unit(2)
All voting by owners shall be on the basis of one vote per unit. 1998, c. 19, s. 51 (2).
The majority of the owners of a unit may exercise the right to vote in respect of the unit
but the vote shall not be counted if there are two or more owners of the unit and they are evenly
divided on how to exercise the vote. 1998, c. 19, s. 51 (3).