AGM season brings out the best in engaged owners. It also brings out scenarios that no one planned for.
A situation we see regularly: an owner who missed the nomination deadline decides to campaign anyway. They mail election packages to unit owners using the record of owners. They host nightly lobby gatherings to solicit proxies. Meanwhile, the owners who followed the process and submitted their materials on time are left wondering whether the playing field is level.
What the Condominium Act Actually Says
The preliminary notice deadline is the date by which candidates must submit their materials to be included in the notice package. It does not prevent someone from being nominated from the floor at the meeting. Absent a bylaw provision or a specific rule to the contrary, owners are generally entitled to distribute materials promoting their candidacy and to access the record of owners for permitted purposes.
That may surprise boards and managers who assume that a missed deadline closes the door entirely. It does not. The Condominium Act does not restrict nominations from the floor and owners who wish to run for a board position retain certain rights to communicate with other owners even after the notice package has been distributed.
There are limits, however. Owners are not generally entitled to use the common elements for campaign gatherings unless specific areas have been designated for that purpose. If a corporation’s rules do not address this activity, management may still be able to take steps to restrict it.
Two Tools That Can Change the Outcome
If your corporation wants a structured, predictable election process, two governance tools make a significant difference:
A Nomination By-Law
A nomination by-law can close nominations at the preliminary notice deadline, with no nominations permitted from the floor. This creates a level, structured process where every candidate is subject to the same requirements. Owners receive complete information before voting. Boards and managers have a clear framework to work within when things get complicated at the last minute.
Many of our clients have adopted this approach precisely because it eliminates the disputes and procedural uncertainty that arise when undeclared candidates begin campaigning after the notice has gone out.
If you want to learn more about a nomination by-law , we covered that earlier this year in Streamlining Your AGM: Making the Meeting Work Better for Everyone.
A Proxy By-Law
A proxy by-law governs when and how proxies may be used. This can includes details about what happens with electronic voting platforms and whether proxies can be used to vote for candidates who were not included in the notice package. Depending on how it is drafted, a proxy by-law can also restrict the use of proxies for virtual meetings altogether.
Without a proxy by-law, the default rules are vague enough to cause problems and those problems tend to show up the night before or morning of the meeting.
Why This Matters Beyond Any Single Election
These are not just procedural niceties. They are governance tools that protect the integrity of elections, reduce disputes, and give management and boards a clear framework to work within when things get complicated.
If your corporation does not have both of these bylaws in place, your next AGM may be the reason you wish it did.
Lash Condo Law helps boards and managers build the governance structure their communities deserve. If you want to know more about nomination or proxy by-laws, we would be glad to help.
Contact us at info@lashcondolaw.com or visit www.lashcondolaw.com
