six-referendum

The referendum

At a hearing held on 02 December 2011, Justice Brown ordered that the process leading up to the referendum vote and the holding of the referendum vote must be supervised by a retired judge of this Court.

Judge Brown concluded that even at such a unique meeting a unit owner is entitled to vote by proxy and that the Act did not afforded him the discretion to insist that unit owners who live within a reasonable distance of YCC #42 must vote in person, rather than by proxy.

He went on to say: “That is unfortunate. YCC #42 is a very dysfunctional community. From my reading of the materials in the various motions brought before me, one factor contributing to such dysfunction is the high number of units not occupied by owners, but leased out.

It appears that many unit owners no longer have a direct interest in the health of the YCC #42 community, save for collecting rent.

As well, factions have formed and appear to use proxies to further their particular points of view. I think the health of the community could be
served by requiring those unit owners who live in the 416 or 905 areas to
vote in person.

However, I conclude that the Act does not permit me to impose such a term on the referendum vote.

That said, the appointment of a retired judge of this Court to supervise the referendum process should ensure that no misuse is made of proxy voting.

Justice Brown then rules that a referendum of the unit owners of YCC #42 shall be held no later than March 30, 2012 on the following question:

Question:

Do you wish the affairs of YCC #42 to continue under the management of a court appointed administrator or do you wish the management of YCC #42 to be transferred to a board of directors elected by the unit owners of YCC #42?

Possible answers:

1.	I wish the affairs of YCC #42 to continue under the management of Mr. Andrew Atrens, the current court appointed administrator;
2.	I wish the affairs of YCC #42 to continue under the management of a new court appointed administrator, not Mr. Andrew Atrens;
3.	I wish the management of YCC #42 to be transferred to a board of directors elected by the unit owners of YCC #42.