Large or small every condominium corporation is governed by a Board of Directors elected from among the unit owners. The Directors role is to manage the financial affairs of the corporation including the collection of fees to maintain the common elements, pay the corporation’s bills and manage the reserve fund. Since the Director’s role involves legal matters and possible liabilities, the Bylaws may require written consent from candidates who wish to sit on the Board.
Unless the governing documents provide otherwise, in Manitoba, Directors are elected for one-year terms. If a director wishes to serve subsequent terms, they will need to stand for re-election each year. In contrast, some Bylaws provide for two- and three-year staggered terms of office. Staggered terms provide the Board with continuity with more experienced Board Members sharing their historical knowledge with newer Board Members. It also instills a sense of confidence that a newly elected Board is not starting over from scratch each year.
The Bylaws will outline the qualifications needed to be a director. These requirements commonly include:
- Be a unit owner
- Being 18 years of age (an adult)
- Mental capacity
- Not owe any money to the corporation
Bylaws may provide that a non-owner could serve on the Board, but this is not common. The Condominium Act states that unless the Bylaws permit it, only owners or an owners’ representatives may serve on the Board. Also, only one owner per unit may serve on the Board at the same time. Being a Director is a big responsibility and should not be taken lightly.