Removing a strata council or a strata council member normally requires a vote of the owners. As strata councils are democratically elected, they must be democratically removed.
Generally, this is done by calling a Special General Meeting and having the owners vote on a resolution to remove the strata council or a strata council member. The agenda for the Special General Meeting should include an election for new strata council members pursuant to the strata corporation’s bylaws if the resolution to remove strata council or a strata council member is passed.
A strata corporation’s bylaws typically establish the voting threshold and any special requirements regarding a vote to remove a strata council or individual strata council members. The voting threshold is typically by majority or 3/4 vote. Some bylaws also require that each strata council member be voted on individually.
If no bylaw exists, section 12 of the Schedule of Standard Bylaws requires a majority resolution to remove a strata council.
See Calling a Special General Meeting for information on how a meeting of the owners can be call to vote on the removal of the strata council or a strata council member.
If a strata council member resigns, it is common for strata corporation bylaws to permit remaining council members to appoint a new strata council member to serve until the next Annual General Meeting.
Commentary
The selection and election of strata council members is a fundamental right of owners. To remove strata council or strata council members, owners must be consulted.
If you wish to remove your strata council or a strata council member, be sure to consult your strata corporation bylaws for more information on voting thresholds and requirements.
