Here we are again. In anticipation of amendments to the Condominium Act to remove the requirements for Virtual Meeting and Electronic Voting By-laws and for obtaining owner consents to receive electronic notices we have learned that the Ministry has now announced the extension to the temporary suspension period to September 30, 2022.
So what does this mean for condominium corporations?
- Virtual Meeting and Electronic Voting By-law: For now until September 30, 2022, no by-law is required to hold an owners meeting virtually and no by-law is required to use electronic voting or telephone voting at owners meetings. Our recommendation, however, is to still proceed with Virtual Meeting and Electronic Voting By-laws. Although we are hopeful that we may soon see a more permanent change to the Condominium Act to remove the requirement for a by-law, it is still important to have a by-law that clearly sets out the basic framework for holding virtual meetings and conducting votes electronically.
- Agreement to Receive Electronic Notices: Condominium Corporations can continue to send notices to owners by email without obtaining agreements/consents from owners until September 30, 2022. Remember all you need is an owner’s email address and you do not need to send any hard copies of notices if you have the owner’s email.
We continue to provide feedback to the Ministry on changes that we feel are needed in regulating owners meetings, the voting process and the use of proxies. Many of our concerns were expressed to the Ministry through submissions in February of this year. We are hopeful that we soon see changes that will protect owners by strengthening condo governance and the legitimacy of election outcomes.