Golfer727272, the declarant (the developer) appoints the first Board. This Board controls operation of the corporation until the turn-over meeting. At the turn-over meeting, besides documents being "
turned over", an entirely new Board will be elected. See below. I've excerpted a couple of subsections of the statute.
42. (1) Within 10 days after the registration of the declaration and description, the declarant shall appoint the first board of a corporation. 1998, c. 19, s. 42 (1).
(2) The declarant may revoke the appointment of a director to the first board and appoint another director to the first board who shall hold office until a new board is elected at a turn-over meeting held under section 43. 1998, c. 19, s. 42 (2).
(3) The first board shall hold office until a new board is elected at a turn-over meeting held under section 43. 1998, c. 19, s. 42 (3).
Turn-over meeting
43. (1) The board elected or appointed at a time when the declarant owns a majority of the units shall, not more than 21 days after the declarant ceases to be the registered owner of the majority of the units, call a meeting of owners to elect a new board. 1998, c. 19, s. 43 (1).
(3) The board shall hold the meeting within 21 days after it is called. 1998, c. 19, s. 43 (3).
So we have a new Board, at the latest, 42 days from the time the declarant loses majority control. Our turn-over meeting will happen quickly, as there will be no interim occupancy "gap", and once the units start being occupied, the declarant will soon cease to control the majority of units.
We need to consider our first owners' Board carefully. There are serious responsibilities for Board members, particularly in the first year. They need to scrutinize all contracts that were entered into by the declarant-board, including property management. We have a right to terminate agreements (with some exceptions) if we are not satisfied with them. That is not to say we should replace the PM company hired by the declarant, but they need to know that they work for the new Board, and we should examine the agreement, do some comparisons, and re-negotiate if necessary.
Normally most units are owner occupied at registration since there is a long interim occupancy period before registration with land titles. However in our case, the turnover meeting will be so quick after the first people move-in. In some condos, this creates a problem as if the declarant still owns a high number of units, they can stack the new board with people they favour. However ours is a small building, and I think that most if not all will have moved in prior to the turn-over meeting.
Anyone considering being a member of the first Board should even now be reviewing the declaration, description, rules and bylaws.
There is also a requirement to hold our first General Meeting within three months of registration. Here's what the Act says:
45(2) The board shall hold a general meeting of owners not more than three months after the registration of the declaration and description and subsequently within six months of the end of each fiscal year of the corporation. 1998, c. 19, s. 45 (2).[/I
Not sure when registration was, did they say September 27th? That means it would have to be by Christmas. Pretty tight. Turnover meeting timing and first General Meeting timing would be weird, almost on top of each other. Anyone know how this timing will play out? Does it mean that we could have a first General Meeting held by the "old declarant board" before the turnover meeting?