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#449
Vote - conflict of interest 2007/07/27 23:26  
Is not it true that a member who has a conflict of interest with respect to a motion cannot vote on the motion?
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#451
Yvon ()
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Re:Vote - conflict of interest 2007/07/28 01:50  
Hello Kristina,

True and not true! This would depend on the nature of the particular matter. There is also the question of law and the question of ethics.

Section 40 of the Condominium Act, 1998 makes clear that a Director must disclose in writing, any direct or indirect interest which he/she may have in a contract or transaction or a proposed contract or transaction to which the Corporation is a party and in which both the Director's and Corporation's interests are material. As for a Director's right to vote on the above, it is only suspended at the first meeting of the Board when the contract or transaction is considered the subject Director must not be counted as part of the quorum for the purposes of voting.

Now for the ethical view. As I am not privy to the particulars of the situation to which you refer, I can only assume that it would be "unethical" for this Director to vote on the matter in question. How unit Owners perceive this whole issue may be as important as the legal obligations of both the Board and the Director. Providing the legal obligations of all parties are respected, it may be in your Corporation's interest to have the Board and this particular Director consider the "ethical appearance" of their actions as well.

Also, your Corporation's governing documents may provide some additional direction respecting this matter. There is also "Nathan's Company Meetings" which Canadian corporation's should use. "Robert's Rules of Order" is an American proceedural mannual.

Should you wish to discuss this matter in confidence, please feel free to contact us at info@cafcor.org and we will be pleased to assist you in any way possible.
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#456
Jony ()
Re:Vote - conflict of interest 2007/07/28 07:26  
hmmm..we have violated this on one of our past board meeting. Thank god no one affect.
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