What do condo owners and board directors need to know?
- On Dec. 31, 2026, there will be changes to owner-requisitioned meeting requirements, including a new mandatory form, new rules for reserved board positions, and more.
- On July 1, 2027, the Condominium Authority Tribunal’s jurisdiction will be expanded and it will be able to hear new disputes related to owners’ meetings, while also increasing the maximum damages it may award to $50,000.
CAT will hear new meeting-related disputes
Next summer, the Tribunal’s new jurisdiction will include disputes about:
- Whether condo corporations hold owners’ meetings as required, including whether they are holding Annual General Meetings every year
- Whether condo corporations send notices to owners about upcoming owners’ meetings, and whether these notices go out within legally mandated timelines
- Whether the notices include all other legally prescribed items. For example, AGM notices must include items such as audited financial statements, auditor’s report, names of candidates up for election and their disclosure information, and anything else outlined in the governing docs of the condo corporation
- Whether owners who requisition an owners’ meeting should be reimbursed reasonable costs incurred in situations where their condo corporation fails to call the meeting
The Tribunal will not be able to hear disputes about what happens during an owners’ meeting, including how votes were conducted, proxy or ballot disputes, or cases that combine those issues with items within jurisdiction listed above.
CAT-awarded maximum damages will increase
Also, effective July 1, 2027, the maximum damages the Tribunal may award in eligible cases will increase to $50,000. This new limit will apply to Tribunal proceedings regardless of whether they began before or after the change comes into force.
A standardized requisition form will become mandatory
Starting Dec. 31, owners wishing to requisition an owners’ meeting will be required to use a new prescribed form that the CAO is currently developing. The form will include standardized information such as the purpose of the meeting, the names and signatures of those requisitioning meetings, contact information for designated representatives and, where applicable, information relating to director elections or removals. The goal is to make requisitions more consistent and reduce disputes over whether they meet legislative requirements.
Condo Boards will have 20 days to respond
Condo boards will now have 20 days to respond to requisitions that it receives, instead of the current five days. This should help set realistic and workable expectations for boards and managers. The response must be sent to the designated contacts listed in the requisition.
More ways to deliver a requisition
Owners will have additional delivery options for submitting a requisition. Along with existing methods, requisitions may be delivered by prepaid mail, courier, depositing them in the condo corporation’s mailbox or electronically where the board has approved electronic delivery. Owners will be able to refer to their periodic information certificates which will set out the available delivery methods for requisitions.
A formal process for revising or withdrawing a requisition
Boards must now provide rationale for denying a requisition. Owners will be notified of this and will have 10 days to revise it and re-submit it. The new rules also specify who may withdraw a requisition and how that withdrawal must be made within 15 days of submission.
Owner occupied units are now called “non-leased voting units” and are more clearly defined
Generally, a unit will be treated as non-leased unless the corporation’s records show that it is leased, or the corporation has received the required notice that its owner has rented it out. This creates a more objective way of determining voting eligibility for reserved board positions and supports the administration of meetings involving these positions.
New rules for non-leased board director positions
The amendments introduce new requirements for optional board positions reserved for voting by owners of non-leased units.
When meetings involve electing or removing directors from these positions, corporations will need to provide owners with additional information about eligibility requirements and the voting process.
More information in meeting notices
Meeting notices will include additional information whenever reserved board positions are involved, including eligibility requirements, relevant legislative provisions, and instructions for participating in the process. The changes are intended to provide owners with additional information about voting eligibility and the process for electing or removing directors from reserved board positions.
Tell us what you think about these changes by emailing [email protected]