Step 2: Legal Considerations
There are several different types of meetings under the Condo Act which differ in terms of who attends, what happens at each and what notice periods are required. These are:
Condo corporations’ governing documents also typically further outline:
- What owners and directors can do at meetings
- Who can attend owners’ and board meetings
- How meetings can be conducted
- How votes can be cast
- Quorum standards
Owners can appoint anyone to attend a meeting on their behalf. This person is called a proxy. Proxies can participate and vote depending on the authority given to them by the owner who appointed them.
Electronic or Hybrid Meetings
Corporations can choose to hold electronic or hybrid meetings unless their governing documents do not allow for it. They must reasonably ensure everyone is able to participate and vote no matter the format of the meeting.
Accommodations under the Ontario Human Rights Code
The Ontario Human Rights Code prohibits discrimination based on a number of grounds, including disability. It also requires that condo corporations accommodate owners who have a disability to the point of undue hardship.
Corporations should be mindful of any potential barriers that owners may face in attending or participating in meetings. We encourage corporations to provide alternative methods of participation whenever possible.
In-person meetings must be compliant with the Ontario Fire Code. The code ensures all occupied buildings in Ontario are properly maintained, have appropriate fire protection equipment and that fire emergency plans are kept up to date and routinely circulated to residents.
Boards also must ensure that the chosen meeting room has sufficient capacity and that it can be quickly evacuated in the event of a fire.