Resignation of a Council Member

WHAT HAPPENS IF A COUNCIL MEMBER RESIGNS?

The Strata Property Act does not specifically dictate what happens when a Council Member resigns. Instead, the process of filling a vacancy is established by the Strata's bylaws.

Serving on a Strata Council is a volunteer commitment that requires time, effort, and a willingness to work with fellow Council Members for the benefit of the community.

While many Council Members complete their full term, life circumstances can change, and occasionally someone may resign or become unable to continue serving.

Understanding these procedures helps ensure that council can continue to function effectively while maintaining stable leadership for the strata community.

WHAT HAPPENS WHEN A COUNCIL MEMBER RESIGNS?

Under the Standard Bylaws, if a council member resigns or is unwilling or unable to act for a period of two months or more, the remaining council members may appoint a replacement to serve for the remainder of the term. This is critical because every Strata must have a Council.

The replacement does not have to wait until the next annual general meeting and may be any person who is otherwise eligible to be a Member of Council. Importantly, the remaining Council may make this appointment even if the vacancy has temporarily left council without a quorum.

The Morley Hanson Model Bylaws contain similar provisions but define the period of absence as sixty (60) days or more. The practical effect is much the same—the remaining Members of Council have the authority to appoint a qualified replacement to maintain continuity in the governance of the strata corporation.

The power of appointment is important because it allows the Council to continue to exercise the powers of the Strata. A Council may not be able to delegate the work that was done by the Member of Council that resigned and this allows a Council to get the support that it might require.

However, there is a risk when a Council appoints a replacement Member of Council. We have been involved in situations where there has been a breakdown between Members of Council which has resulted in frustration and the resignation of all the Members of Council that share a perspective. The result is that the remaining Members of Council are able to appoint replacement Members that share their perspective and this removes an important aspect of the democratic control of a Strata.

WHAT IS THE ENTIRE COUNCIL RESIGNS?

A Strata has a more significant challenge if all Members of Council resign or become unable to act.

In an ideal world, the Council would provide notice for a general meeting including a resolution to elect a new Council. However, we have experience where that did not occur. We have worked with a Strata where all the Members of Council resigned at the same time that they commenced, in the name of the Strata, an application for an Administrator. Their logic, apparently, was that if they could not manage their responsibilities as Members of Council that no one could!

If all the Members of Council resign and do not set up the conditions for the controlled election of a new Council, under the Standard Bylaws, owners holding at least 25% of the Strata’s votes may call a Special General Meeting to elect a new council.

The Morley Hanson Model Bylaws establish a similar process but reduce the threshold to 20% of the Strata’s votes.

These provisions ensure that the Strata can continue to operate, even if the entire Council resigns.

MEMBERS OF COUNCIL RESIGNING IS NOT A CRITICAL ISSUE IF THE STRATA HAS A PROCESS FOR THEIR REPLACEMENT

The resignation of a Member of Council are a normal part of strata governance, and the bylaws provide practical mechanisms for filling vacancies and maintaining continuity. By understanding these procedures and encouraging active owner participation, Stratas can adapt to changing circumstances while continuing to serve the needs of the community effectively.

Robust and resilient Strata Communities can deal with resignations of Members of Council and, hopefully, reduce the frequency of resignations by providing support and appreciation for the Members of Council.