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Preliminary Notices of Meetings

The Condominium Act, 1998 (“the Act”) requires boards to send a preliminary notice to owners before a notice of meeting, and to also include certain information in that notice of meeting.

The new regulations came into force November 1, 2017. However, the regulations only apply to owner meetings held 40 days or more after that date, and where a notice of meeting wasn’t sent before the in-force date.

A preliminary notice must be in a mandatory form, available on the Government of Ontario website. This notice must:

  • note that a subsequent notice of meeting will be sent, and state the purpose of that meeting (nature of the business to be presented);
  • include the projected date of the meeting;
  • include all materials set out in a by-law of the corporation;
  • go to owners at least 20 days before a notice of meeting;
  • request that owners provide to the board any material they wish to include in the notice of meeting (and provide how and where to send the information); and
  • set out a deadline for owners to submit that information (at least one day before the notice of meeting goes out).

If the meeting is to elect a director, the preliminary notice must:

  • request the individuals interested in being candidates notify the board in writing of their names, addresses and intention to be candidates;
  • detail the regulation concerning candidate disclosures; and
  • note the number of persons on the board, positions for election and the term for each, and positions reserved for voting by owners of owner-occupied units.

Depending on the nature of the meeting the preliminary notice must include other information:

  • Removing or appointing an auditor: the preliminary notice must request that owners notify the board in writing of the name and address of the candidate.
  • Voting on a proposed addition, alteration or improvement to the common elements; or a substantial change in the assets of the corporation or a service that it provides: the preliminary notice must include information about the proposals, the cost and how the corporation proposes to pay for it.
  • An amalgamation under subsection 120 (2) of the Act: the preliminary notice must include a copy of the certificate re. the status for each amalgamating corporation and a statement of the mailing address. A statement of the municipal address needs to be included if it differs from the mailing address of each amalgamating corporation.

Directors or owners that call a meeting to fill vacancies, when there aren’t enough directors to constitute a quorum, are exempt from the preliminary notice requirements.

Owners and mortgagees have a right to receive preliminary notices of meeting in paper form. However, condo boards and owners may communicate through electronic means, like e-mail, as much as possible as long as they have consent from owners and mortgagees.

The regulations create a transitional rule. In the case of a meeting called pursuant to a requisition, the preliminary notice can be sent only 15 days before the notice of meeting rather than 20 days. This will give the board up to five days to prepare the preliminary notice of meeting after the board receives the requisition.