Home Owners’ – Annual General Meeting

2023 – 2024  By-Law Change – Home Owners’ Association

Constitution and By-Laws Changes

Requires Approval of the Membership

ANNUAL GENERAL MEETING

It is necessary to make some updates with regards to the Constitution and By-Laws at this Annual General Meeting.  If you have access to a computer the Association has a copy of the changes to the current Constitution and By-Laws on the Web Site at https://scahomeowners.com for ease of reference.  Otherwise, the items affected are listed below.  Item (i) & (ii) refers to vocabulary changes to protect homeowners from having decisions made affecting their homes’ financial investment by a non-homeowner.  This is prudent as renters/boarders are currently living in Sandycove and, as such, could be considered a resident.  With no financial investment in the homes they should not have a vote on issues affecting homeowners.  This needs to be addressed before there is a situation of the Association denying membership to a resident then face resistance based on current Constitution and By-Laws vocabulary.  Changes from resident(s) to homeowner(s) and in one in By-Law #27 “resident to member” are listed below as to location.  They are not repeated here in detail as the changes are self-evident and location will suffice.  The Board approved changes are:

i  Constitution and By-Laws Change “residents” to “homeowners”:

Item #3 ‘residents’ to ‘homeowners’

ii By-Laws Item #2, #10, #27 – #27 two changes/one ‘resident’ to ‘member’ (referencing membership) second ‘residents’ to ‘homeowners’,  #30 four places ‘resident’ to ‘homeowner’ The change from ‘resident to member’ refers to membership and should read member.

The Board will put to the membership for a vote and the motion at the meeting will be:

“Moved by the Board that the membership accept the changes with reference to changing the resident(s) to homeowner(s) in the Constitution #3 as well as in the By-Laws #2, #10, #27 including one reference from “resident” to “member” in By-Law Item #27” as presented.”

iii  Amend the Constitution Item #6: In its present form it no longer conforms to a change enacted by the Ontario Not-for-Profit Corporations Act (ONCA) that governs not-for-profit corporations of which the Association is.  This now makes this Constitution Item as written in violation of the new ONCA regulation.  In order to be legal, compliance is mandatory.  The current Item #6 needs to be replaced to conform and confirmed by the membership at the Annual General Meeting.   The Board will put forward for a vote the following motion:

“Moved by the Board that membership approves amending the outdated Association Constitution #6 in order to be in compliance with the new Ontario Not-For-Profit Corporations Act by revising Constitution #6 to read… 

“The Board has the authority, governed by the Ontario Not-For-Profit Corporations Act to change the Constitution and By-Laws and submit them to the next membership meeting to approve, amend or repeal.” 

Changes to Constitution & By-Laws will require 2/3rds affirmative vote by membership attending including proxies.

Board of Directors, Sandycove Home Owners’ Association 2024 4 5