Virtual Meeting and Electronic Voting by-laws are all the rage right now. Most of our clients are adding this by-law to the agenda for their AGMs since getting this by-law confirmed by the owners only requires a majority vote of those in attendance (either virtually, electronically or by proxy). Most other by-laws, such as a Standard Unit by-law or a Borrowing by-law, require a majority vote in favour of all the voting units.
Now that condominium corporations are starting to conduct their meetings virtually, questions are being asked about the requirement to record a virtual meeting, whether recording a meeting is contrary to privacy laws and whether owners are entitled to a copy of the recording.
The Condominium Authority of Ontario has just released its guide on Conducting Owners’ meeting During the COVID-19 Pandemic: What Owners and Directors Need to Know.
Many condominium corporations have now had their first virtual meeting and after experiencing the process, are seeing some of the benefits of using technology for conducting owners meetings. We expect to see the continuation of virtual meetings and electronic voting as the “preferred” way to hold owners meetings, even once the pandemic is over.
On October 2, 2020, the Government of Ontario issued O. Reg 541/20 under the Condominium Act, 1998 (the “Act”), which extends certain temporary legislative amendments under the Act until May 31, 2021.