Temporary pandemic provisions affecting condo meetings

On May 12, 2020, the Government of Ontario amended the Condominium Act with several temporary provisions that will stay in effect until Sept. 30, 2023.

Here’s what this means for you:

Owners’ meetings held virtually or by phone

Condo corporations can hold electronic or phone owners’ meetings where unit owners and mortgagees can attend, vote and count towards quorum if they do one of the following:

Personally connect to the meeting
Have an individual represent them by proxy (using the )
Vote prior to electronic meeting. Note that advance votes can only be used for and count towards quorum for the items voted on and set out in the meeting agenda

If corporations want to continue having virtual owners’ meetings after Sept. 30, 2023, then they may consider implementing a by-law.

Check our webpage on electronic meetings and by-laws or our Guide to Conducting Electronic Owners’ Meetings for more information.

Serving Notices and Meeting Materials

Condo corporations can deliver meeting materials such as meeting notices or other materials to owners electronically, even if there is no agreement for electronic delivery in place as per section 47 of the Condo Act.

Any materials meant to be placed before an owners’ meeting can be submitted electronically. This includes items such as financial statements for AGMs. Any forms required under the Condo Act can be modified to reflect any temporary changes.

After Sept. 30, 2023, an agreement will be required with the applicable unit owner if condo corporations want to continue to send notices electronically.

Board Meetings

Directors may receive meeting notices electornically even if the condo corporation’s by-laws specify otherwise. Board meetings can also be held electronically without the consent of all directors until Sept. 30, 2023.

See section 11.12 of Ontario Regulation 48/01 for a definition of the types of electronic communications that can be used to hold a board meeting.