How Boards Provide Lawful Instructions
A condominium board provides instructions to the condominium manager based on its authority under the CPA, the corporation’s bylaws, and the Condominium Property Regulation. For an instruction to be lawful, it must follow these requirements:
Official Board Resolutions
Decisions must be made at duly called board meetings where quorum is met, or by other methods allowed in the corporation's bylaws.
Instructions must be formally documented in the meeting minutes.
Managers should only act on decisions approved by the board, not on informal requests from individual board members.
Written Directives
Instructions should be clear and unambiguous to prevent misinterpretation.
Email instructions may be valid, but they should always be backed by board meeting records.
The manager should seek clarification when instructions are vague or contradict previous decisions.
Consistency with Governing Documents
All instructions must align with:
The Condominium Property Act (CPA)
The Condominium Property Regulation
Other relevant legislation such as the Safety Codes Act
The corporation’s registered bylaws
If an instruction conflicts with legislation or bylaws, the manager must inform the board and seek clarification before proceeding.
Legislative Reference:
The Condominium Property Act states:"A corporation must carry out its powers and duties in accordance with this Act, the regulations, and its bylaws."
Scenario: Improper Enforcement of Fines
A condominium board directs the manager to impose fines on unit owners without following the progressive enforcement process outlined in the corporation’s bylaws.
How Should the Manager Respond?
Review the Corporation’s Enforcement Policy
Check whether the corporation’s bylaws and enforcement policy allow for immediate fines or whether warnings must be issued first.
Advise the Board on Proper Procedures
Inform the board that failing to follow the correct enforcement process could lead to legal disputes.
Document the Concern
If the board insists on issuing fines improperly, the manager should document the concerns in writing and request that the board confirm its decision in a formal resolution.
Refer to Legal Obligations
If necessary, the manager may need to consult legal counsel or RECA guidelines to ensure compliance with Alberta regulations.
