Structure and Election
In accordance with the BC Strata Property Act, Phoenix Estates (KAS Strata Plan 1371) maintains a Council of seven (7) owners to act on behalf of all owners in overseeing the day-to-day management of the community. In accordance with the “BC Strata Property Act” and our Bylaws, Councillors are elected for a 2 year term at each Annual General Meeting by majority vote from a quorum of owners represented in person or by proxy. If a Councillor is unable to complete his or her term, Bylaw 20.4 allows Council to appoint a replacement for the remainder of the departing councillor’s term.
As part of the AGM agenda each year, Councillors whose terms are expiring are identified, and a slate of willing candidates to fill those seat(s) is identified. It is an owner’s right and responsibility to cast a ballot identifying from this slate, as well as any nominations from the floor.
Voting will occur and be tallied at the AGM, and the successful candidate(s) will be identified at that time, and recorded in the minutes. Their term(s) begin immediately. Success of a vibrant and active Council is directly related to the willingness of owners to volunteer their time to serve on Council.
If an elected Councillor is unable to complete their term, our Bylaws direct that in order to avoid calling a special meeting of all owners for purposes of a vote (which may encounter excessive delay), Council may appoint from amongst the owners an interim Councillor to complete the term of the resigning Councillor. Such appointed Councillor does shall have their term cease automatically at the same time as the elected Councillor whose vacated seat they filled upon appointment.
Responsibility & Authority
Because this Strata cannot rely on the City of Vernon for day-to-day services and owners within Phoenix Estates must look after our collective interests in the community, rather than burden each owner with day-to-day matters (e.g., changing a light bulb on a street light), Phoenix Estates has an elected Council to look after such matters on our behalf as owners.
Council’s responsibility and authority is quite specific and limited. With the exception of the management of the Strata budget and ongoing maintenance of the community, Council is limited in its authority. In most cases, it can only act as an interpreter of the Bylaws and the BC Strata Property Act to aid owners in their rights and obligations.
From the BC Strata Property Act:
The strata corporation is responsible for managing and maintaining the common property and common assets of the strata corporation for benefit of the owners.
Generally stated, Council represents owners on a day-to-day basis in the maintenance of the community and management of the Strata Corporation. As such Council’s responsibility under the BC Strata Property Act and our Strata Bylaws is to:
- At all times act in a manner the Council feels represents the interests of the majority of owners in the community
- Create and manage an operating and capital budget for the maintenance of the community, specifically the common areas and infrastructure. Such budget is presented, discussed, and enacted at each AGM for the subsequent year.
- Collect Strata fees from owners
- Manage such collected fees in accordance with the budget
- To make decisions regarding allocation of collected fees for requirements that were not part of the budget (aka: surprise expenses) in a manner the Council feels will be in the best interest of the majority (75% of owners)
- Complete detailed and accurate accounting records of all funds collected and disbursed in accordance with defined requirements and GAAP accounting procedures
- Make decisions as to what suppliers shall provide goods and services to the Strata in accordance with the budget and the day-to-day management of the community
- Per the BC Strata Property Act, provide owners and other legal parties with appropriate information and forms regarding the Strata and individual owners within the Strata (e.g., Form F when a property is sold)
- Ensure that the aesthetics and design characteristics of any newly intended structure within the community is in accordance with the Restrictive Building Covenant established when the Strata was incorporated. Note: This does not afford Council authority over:
- The City of Vernon’s building requirements
- Landscaping of an owner’s property
- In matters of question and dispute between and concerning owners, aid in the interpretation of our Bylaws and where possible, but not as an authority, the BC Strata Property Act.
- General management of Strata Plan KAS1371 common property
Current Council Members
The following are the Strata Councillors:
President: Lew Rossner (House 16) Term End: 30 Jun 2021 E-mail: email@example.com
Vice-President: Ron Haunts (House 20) Term End: 30 Jun 2020 E-mail: firstname.lastname@example.org
Vice-President: Dave Johnston (House 48) Term End: 30 June 2020 Email: email@example.com
Secretary: Michelle Cesario (House 29) Term End: 30 June 2020 Email: firstname.lastname@example.org
Council Member: Bruce Thiessen (House 7) Term End: 30 Jun 2021 E-mail: email@example.com