VOTING

[Josh Martin]

On 4/11/2023 at 6:27 AM, Richard Brown said:

I’ve been wondering the same thing. I’m not at all convinced that it’s possible to waive the requirement. 

Well, there's that too. What I was wondering is what exactly the "status quo" is here, in order to determine what action is taken in the event the motion "to waive the requirement for a depreciation report" is defeated.

In the ordinary case, when a motion is defeated, no action is taken. But in the event there is some requirement to complete a "depreciation report," unless such a requirement is waived, then in that instance the requirement would need to be followed if the motion to waive the requirement is defeated.

[Richard Brown]

On 4/11/2023 at 6:35 AM, Josh Martin said:

But in the event there is some requirement to complete a "depreciation report," unless such a requirement is waived, then in that instance the requirement would need to be followed if the motion to waive the requirement is defeated.

I agree, even if doing so is expensive. 

[Dan Honemann]

On 4/11/2023 at 7:35 AM, Josh Martin said:

In the ordinary case, when a motion is defeated, no action is taken.

I'm sure that, by this, you do not mean to say that when a society's assembly rejects a motion, no action has been taken by the assembly. The assembly has taken action. It has agreed that the society will not do whatever it is that the motion proposes be done. 

[Atul Kapur]

On 4/11/2023 at 7:35 AM, Josh Martin said:

Well, there's that too. What I was wondering is what exactly the "status quo" is here, in order to determine what action is taken in the event the motion "to waive the requirement for a depreciation report" is defeated.

In the ordinary case, when a motion is defeated, no action is taken. But in the event there is some requirement to complete a "depreciation report," unless such a requirement is waived, then in that instance the requirement would need to be followed if the motion to waive the requirement is defeated.

This is getting beyond RONR, but to satisfy curiosity of at least a couple:

The OP referred to strata.

"Strata corporation" is a term in British Columbia for what are more generally known as condominium corporations. From the BC government website:
 

Quote

 

In other Canadian provinces, depreciation reports are referred to as “reserve fund studies”.

Timing requirements

Strata corporations must obtain depreciation reports no later than 6 months after their second AGM (Annual General Meeting).  

Depreciation reports must be renewed every three years.  

Strata corporations may waive the requirement to obtain a depreciation report, or defer a renewal, by passing an annual 3/4 vote.

 

 

[Richard Brown]

Thank you, Atul!!! 

[Josh Martin]

On 4/11/2023 at 7:31 AM, Dan Honemann said:

I'm sure that, by this, you do not mean to say that when a society's assembly rejects a motion, no action has been taken by the assembly. The assembly has taken action. It has agreed that the society will not do whatever it is that the motion proposes be done. 

Yes, thank you for the clarification.

On 4/11/2023 at 8:17 AM, Atul Kapur said:

This is getting beyond RONR, but to satisfy curiosity of at least a couple:

Strata corporations may waive the requirement to obtain a depreciation report, or defer a renewal, by passing an annual 3/4 vote.

Thank you for this information. While the OP should of course direct any specific questions on this matter to legal counsel, this does satisfy my curiosity, and it would appear to me that, if the corporation fails to adopt the motion to waive the requirement, then the corporation must obtain a depreciation report.

Edited April 11, 2023 at 02:06 PM by Josh Martin

[Richard Brown]

On 4/11/2023 at 8:17 AM, Atul Kapur said:

Strata corporations may waive the requirement to obtain a depreciation report, or defer a renewal, by passing an annual 3/4 vote.

Based on that additional information furnished by Dr. Kapur, it appears to be obvious that the motion to waive the depreciation report failed and one must therefore be obtained or provided.