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What to Know About Owner-Occupied Board Elections

  • 4 days ago
  • 2 min read

Many condominium managers and owners in Ontario have questions about the “owner-occupied” board seat—what it is, when it applies, and how the voting process works. While it can seem complex at first, the rules are clear once broken down.


This article explains the purpose of the owner-occupied position, who can run, who can vote, and why it plays an important role in condominium governance.



What Is the Owner-Occupied Position?


Under Ontario’s Condominium Act, 1998, a condominium corporation must reserve a position on the board of directors for election by owners of owner-occupied units if at least 15% of the units are owner-occupied.


An owner-occupied unit means:

  • The owner lives in the unit, and

  • The unit has not been leased within the 60 days before notice of the meeting


This requirement ensures that individuals who live in the building—those most directly impacted by day-to-day operations—have a guaranteed voice at the board level.


Who Can Run for This Position?


Any unit owner may run for the owner-occupied position, provided they meet the standard eligibility requirements for directors under the Act.


These include:

  • Being at least 18 years old

  • Not being bankrupt

  • Being legally capable of managing property


Importantly, candidates do not need to be resident owners to run. However, eligibility to vote for this position is more limited.


Who Can Vote?


Voting rights differ depending on whether the owner resides in their unit.


Owners of owner-occupied units:

  • May vote in the election for the reserved position

  • May also vote in the general board election


Owners of non-owner-occupied (leased) units:

  • May not vote for the reserved position

  • May vote in the general board election


As a result, condominium elections that include this position typically involve two separate votes:


  • A vote restricted to owners of owner-occupied units for the reserved position

  • A general vote open to all eligible owners for the remaining board positions


Why This Rule Matters


The owner-occupied seat is designed to create balance in board representation.


Resident owners often prioritize:

  • Daily living conditions

  • Noise, parking, and shared spaces

  • Building maintenance and community experience


Non-resident (investor) owners may focus more on:

  • Financial performance

  • Long-term planning

  • Investment value


By reserving a seat for a resident owner, the legislation helps ensure that the perspectives of those living in the community are consistently represented in board decisions.


Key Takeaways


  • A reserved board position applies when 15% or more units are owner-occupied

  • Any qualified owner can run, but only owners of owner-occupied units can vote for that position

  • Elections typically involve two separate voting processes at the AGM


Running an Owner-Occupied Election


When running this type of election, keeping owner records up to date is essential.


If an owner’s occupancy status is not reflected correctly, it is important to confirm the information with the property manager and update records before voting closes.


This helps ensure that:

  • Only eligible owners vote for the reserved position

  • All votes are counted accurately

  • The process remains fair, compliant, and transparent



References

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