May 31st, 2021
SPADINA CONDOMINIUM CORPORATION
730 Spadina Crescent East
SASKTOON, SK
S7K 4H7
ATTENTION: Mr. John Beckman President & Board of Directors
RE: BYLAW 3 AMENDMENT RESOLUTION
Dear Sirs:
I direct you to the following:
CONDOMINIUM PROPERTY, 2001 C-26.1 REG 2 reads: Scheme of apportionment 48(1) Subject to subsection (2) A corporation shall not amend its bylaws to include a scheme of apportionment unless written consent to that scheme has been obtained from at least 75% of the owners
It would appear that out of a total of 29 residential unit owners, 7 of them voted “no” to consenting to the proposed Bylaw amendment. Considering that only 74% of resident owners consented to the amendment, therefore not reaching the Board’s conditional threshold requirement of a 75% consenting vote of residents, before any consideration of a commercial vote whose participation would of course been totally inappropriate. As the threshold was not met, it was understood that the commercial vote would be a non consenting vote.
Further, I direct that the Board review the Queen’s Bench Court decision by Justice R. Elson– Ehman v Albony Place Condominium Corporation, 2017 SKQB 82 BETWEEN DIANNE EHMAN AND SHARON WOOD and ALBONY PLACE CONDOMINIUM CORPORATION AND NICOR COMMUNITY MANAGEMENT INC. This decision clearly dictates that a Bylaw amendment requires the consent of 75% of the registered owners without regard to unit factor.
In view of the above, I believe the results of the May 28th, 2021 consent results to be null and void. Please provide within seven days, written confirmation that the Board has agreed that the proposed Bylaw amendment is totally invalid and will be advising residents of the same.
Should I not receive this written confirmation within seven days, I will consider filing an application in the Court of Queen’s Bench seeking the Court’s invalidation of any such proposed amendment.
Yours truly,
Dennis M. Tofin
603-730 Spadina Crescent East
SASKATOON, SK
S7K 4H7