Canada: Condo Meetings — Tips, Tricks, And Reminders

Last Updated: November 23 2018
Article by Gareth F.G. Stackhouse

It's fall and that means we're back in the thick of another condominium meeting season, a most wonderful time of year! We wanted to share some of the Fogler's Condo Group's tips, tricks, and hints for a successful condo meeting.

Mandatory Government Forms

The first question to ask, even before any form is filled out is "Are we using the most current versions of the forms?" This is an issue our office is continuing to see. The mandatory government forms, including the Preliminary Notice of Meeting of Owners, Notice of Meetings of Owners, and the Proxy Form were revised in May of 2018 and the most recent version of any form is the "proscribed form" required by the Condominium Act, 1998. To figure out if you have a new form check for a 2018 copyright date on the bottom of the first page and be sure to download the newest forms. The Condominium Authority of Ontario has made the forms easy to access here.

Every form should be filled out electronically because they "grow" as the check boxes are completed to expand and provide fields for more information. It is important to think through the agenda of each meeting and the condo's documents because these will dictate which fields are filled out on the forms. Unit owners can object to items on an agenda that have not been properly disclosed, i.e. a by-law vote, which can lead to having to re-do a meeting.

Some key areas on forms that are consistently missed include:

  1. "Yes/No" check boxes should be completed and should not be left blank, for instance Sections 5 and 6 of the Notice Form regarding electronic voting and additional information pursuant to a by-law;
  2. Every AGM is a meeting to appoint an auditor and the form parts regarding the appointment of an auditor ought to be completed. See Section 4(d) on the Preliminary Form and Section 8.C. of the Notice Form;
  3. A complete agenda needs to be included with the Notice Form, either in Section 3 or attached as separate document; and
  4. Make sure that you're up to date on all of the condo's by-laws including whether or not it has an electronic voting by-law, the number of directors, or if it passed a by-law (after November 1, 2017) that increased the quorum requirement or requires additional material to be sent with a Notice of Meeting.

In addition, the Proxy Form needs to be carefully filled out (and expanded) to account for all the different types of voting (i.e. an owner-occupied director position, a by-law vote, or a removal vote). Speaking of Proxies, ideally everyone should include a guide to filling out a Proxy Form, our guide is available here. When in doubt about any part of a mandatory form, call your favourite condo lawyers!

Meeting Timeline

Every unit owner is entitled to receive proper notice of a meeting and to object if they did not. Further, improper notice can call into question the very validity of a meeting. We all know that the timelines for owners meetings are now expanded so don't forget to count the days required and always build in some extra days just in case issues come up. Rushing a meeting on the shortest possible timeline can lead to panic and disaster when a printing deadline isn't met or the meeting venue cancels at the last minute. When in doubt about a timeline, call your favourite condo lawyers!

Corporation Records

Everyone knows that "unit owners" (and certain mortgagees) are the only people entitled to receive notice and vote at an owners meeting, and this list unit owners is fixed at those the record 20 days before the date of the meeting (ss.47(2) of the Act, called a "record date"). This leads to the question of "Are the condo's ownership records up to date?" and this is especially important where a new management company has taken over a building and some of the unit files or records are incomplete. These records should also include which owners have opted-in to receive electronic communication so that the condo can save printing and mailing costs.

As lawyers, we have all had to break the news to people that they are not the listed owner of a unit, whether they are a spouse who didn't update the Corporation after moving in (or a death) or a family member who assists a relative but isn't the unit owner. If your condominium uses an electronic service that solicits proxies from unit owners or if your condo has an electronic voting by-law, the record of owners and their email addresses must be up to date so that these systems work properly.

It is a good idea to send all unit owners a reminder with the Preliminary Notice (or to even post it in the common elements once a year) reminding everyone to make sure the information they filed with the property management office is up to date and correct.

Proxies and Ballots

Property managers should also remember that the Condominium Management Services Act (and its regulations) places limits on what a licensed property manager can do to solicit proxies. Every licensed property manager needs to be familiar with these which allow managers to give out and collect the forms but prohibit managers from directing unit owners to fill in the forms for certain candidates.

When the proxies are received, they should be put in the same order as the owners list so that the meeting chair and the registration desk can quickly and easily find and cross-reference proxies. Ideally managers will take a look at the proxies and put sticky notes on those where they know there could be an issue, for the meeting chair to review.

For the in-person ballots, there should be separate ballots, each on different coloured paper, for each voting item. For instance, the vote for an owner-occupied director position should always be on a separate ballot from the ballot for the directors that all unit owners can vote for. In addition, always have a 'spare' ballot that is distributed at registration. This ballot can be used where there is a tie in a director election or if a balloted vote is request on any item that would otherwise be done through a show of hands. Having to re-register every inperson voter and give them make-shift ballots can add hours to a meeting. Finally, when registering unit owners, it is helpful if the people at the registration desk initial each ballot they give out.

We hope these tips, tricks, and hints have helped you and we wish you the best for a successful fall meeting season, or if we don't see you this fall, I'm sure we'll see you during the spring meeting season!

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Topics
 
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions