I am re-elected to be on strata council for 2022. Council will require me to sign the code of conduct. Unfortunately I

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Customer: I am re-elected to be on strata council for 2022. Council will require me to sign the code of conduct. Unfortunately I do not agree on the section stating that “
i) keep all Council discussions and any personal information that I receive as a Council member strictly confidential and not discuss such information with anyone outside of the Council or use any information obtained during the course of my duties as a Council member for my own gain or to benefit persons outside of VIS****.”
The reason being that every strata owner can attend regular and as such these meetings are not deemed confidential.
Therefore I am in the process of gathering enough owner support to amend the above statement.
My questions are:
1. Can I refuse to sign the agreement on the grounds that I am challenging it?
2. Can council keep me away from meetings until the challenge is completed?
3. Would the following amended statement work? i) keep Council discussions regarding hearings on bylaw contravention, privacy matters and project bidding information strictly confidential and not discuss such information with anyone outside of the Council or use any information obtained during the course of my duties as a Council member for my own gain or to benefit persons outside of VIS6****.
Thanks,
Ted

Answered by Debra in 1 min 1 year ago

Debra

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Debra

174420 Satisfied customers

10+ years of experience

Debra

10+ years of experience

174420 Satisfied customers

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116 Lawyers are online right now.

Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry to hear of this difficult situation.

I have helped you before.

What happened last time? Did they find you breached the agreement?

Customer

Thanks. At the AGM the president (council as a whole) moved a motion that I have breached confidentiality and therefore objected to my re-election and a vote followed. The motion was defeated and I was re-elected. Now I want to amend the statement so that I can freely in sense to tell other owners what’s being discussed at council, with discretion of course.

Debra, Expert

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

Given that you survive the world one would think that they would understand that your position is considered to be correct by all these people. That should matter.

If you refuse to sign agreement they may say that you are in breach of a bylaw that you can't sit at the council. So they may be able to keep you away from the meetings. Why don't you try to amend it for now indicating that you'll keep information that's actually confidential confidential but information that would be open to others is not confidential. Or just sign it because your view is that information is not confidential and take it from there?

I have to go off-line for about an hour and I'll check back as soon as I return.

Customer

Makes sense. Thanks. I’ll sign it and tell council I’ll challenge it. Then proceed to drafting the amendment and forward it to my mail group ( where 70% of owners are members) for approval. Once approved I’ll request for a vote which requires 3/4 vote.
Would this work?

Debra, Expert

I think that will work.

Customer

Thanks. I’ll follow your advice. Is the wording on the amendment acceptable? Please revise as you see fit:
i) keep Council discussions regarding hearings on bylaw contravention, privacy matters, project bidding information and any discussions deemed confidential by the council strictly confidential and not discuss such information with anyone outside of the Council or use any information obtained during the course of my duties as a Council member for my own gain or to benefit persons outside of VIS6****.

Debra, Expert

Unfortunate, I actually can't do that. That would be providing legal advice but I can't do because I'm not your lawyer. I can only provide you with general legal information.

Customer

I see. Thanks Debra.

Debra, Expert

You are very welcome.

Debra, Expert

Is there anything more I can help you with before I mark this question as complete?

Customer

That’s all I’d need. Thanks Debra.

Debra, Expert

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra

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