Category

Condo Law

Are Hybrids the Future?

As more and more people are fully vaccinated and businesses begin to reopen, there has been lots of discussion among board members and condo managers about “hybrid” meetings and what this entails. So, what exactly is a hybrid meeting? The simple answer is “a virtual meeting and an in-person meeting.”

First of all, let’s be practical here. Although smaller gatherings will be permitted, will condominium corporations want to get into expensive meetings and complicated procedures. Combining two types of meetings is not an easy task and the question should be asked – what do you want to achieve?

Objectives
1. You want to achieve quorum
2. You want to get the greatest participation from your owners
3. You want your owners to vote
4. You want to give the greatest accessibility to your owners
5. You want to run an efficient and cost-effective meeting
6. You don’t want to solicit proxies if you don’t have to
7. You don’t want that rush at the registration desk
8. You don’t want complicated and lengthy voting tabulation

Once you determine what your objectives are, ask yourself the following questions:

Audio Visual requirements
• Will the chair, auditor and any presenters be virtual or physically at the meeting?
• If they are not in person, will there be a screen and sound system for in-person attendees to see and hear the presenters?
• How will virtual attendees see in person participation? Is a laptop computer with a camera sufficient for individuals to use if they are participating in person? What about physical distancing?

Registration
• How will registration be handled? Online just for virtual attendance and in person as a separate registration list? If there are separate lists who will report on quorum and how?
• Will in person registration be online so there is one registration system?

Voting
• Which Voting Method:
1. Electronic voting only
2. Electronic voting and paper ballots
3. Electronic voting and proxies
4. Electronic voting, proxies and paper ballots

• How will you know to give out a paper ballot at the meeting if you are doing electronic voting where owners may already have voted electronically? Remember advance electronic voting will get you your quorum without the need for proxies.

• How will you know to accept a paper proxy at registration if you have electronic voting?

• How will you confirm if a proxy giver already voted in advance or if the proxy giver decides to vote in real time electronically during the meeting?

• Should you only allow electronic voting so there is only one voting system?

• Should you have in person real time voting from smart phones and have a laptop or iPad available – such as a polling station?

• Scrutineers – how will reporting on the vote be determined if you allow paper ballots, proxies and electronic voting?

I am sure that once you answer the above questions you will see that a “hybrid” meeting is a complex undertaking. It may be that condominium corporations just stick to virtual meetings for awhile and use electronic voting but put a visual screen and speakers in the party room for owners to come down and watch. Those owners can register for the virtual meeting online even if they attend in person and vote from their smartphone or computer prior to and at the meeting.
For the many condominium corporations that used electronic voting prior to the pandemic, having the in-person meeting and using electronic voting made the whole meeting process a lot easier than the past practices of proxies and paper ballots. Now having condominium corporations continue with virtual meetings and setting up a screen for those that want to view the meeting and may not have a computer, may be the most cost effective and less complicated way to go for now.
CondoVoter is developing online information sessions to outline the benefits of hybrid meetings and to answer questions just like these. Watch our social media and your email for upcoming dates.

After the Pandemic: How Will You Meet?

With more and more people getting fully vaccinated and the economy slowly reopening, it’s time to think about how each of us will react to our post-pandemic lifestyles and work arrangements.

Will people take it slow and remain cautious? Or will they be eager to jump back to life as it was? From a condominium community perspective, will masking still be required on common elements? How will AGMs and owners’ meetings be conducted?

Recently, Denise Lash of Lash Condo Law, posted a poll on LinkedIn to ask how virtual meetings should be conducted as we inch ahead. She asked the question: “Going forward, which option do you prefer for your condo owner meetings?”

The poll garnered an excellent response with 3,500+ views, 78 votes and 15 comments. The results were: 78% prefer virtual meetings with e-voting; 15% prefer a hybrid meeting; 5% prefer in-person with e-voting; and 1% prefer in-person with paper ballots.

Thanks to all who took the time to vote and comment. Below are some of the LinkedIn responses she received.

From an auditor’s point of view it is quite simple, my preference is virtual meetings going forward. The meeting is safer from an owners’ health point of view, more efficient and allows us to present the audit in a more informative method by using the screen. The feedback over the last year has been very positive. Hybrid meetings would also be reasonable assuming the professionals could attend virtually. This will save professional fees for travel and time as well as the added benefit of less driving which of course is great for the environment.

Stephen Chesney, FCPA, FCA, Partner, Yale PGC LLP

I agree with Stephen.

We did a poll of owners after our last virtual AGM in February. Roughly 55% of owners preferred a virtual format. Some owners with small children told us that this was the first AGM they could attend and liked the idea of participating from home.
I’m not so sure of the feasibility of the hybrid model. May not be cost effective.

Joseph D., Senior Risk/Finance Leader

While virtual meetings are convenient, and being able to refer to documents on the screen is really helpful, I miss the feedback from the audience. In person, I have a sense if they are with me or confused. When I stare into the computer, I have no idea if anyone is understanding me. If the purpose of the meeting is to help people understand, then I suspect in-person will always be superior.

Sally Thompson, Managing Partner, Synergy Partners

The vast majority of the corporations we have, will have a hybrid meeting, however, all AGMs have been confirmed to be virtual.

I believe most of our meetings will move to virtual with e-voting, at the moment I believe there is excitement about seeing each other, that will pass and efficiency will be more important. During the pandemic we updated our management agreement with a clause to add virtual meetings and e-voting, while to some degree these statements were made for pandemic preparedness for the future, the motivating factor for adding, was efficiency for our team, board members and corporations.

Angel-Marie Reiner, Owner/Founder/President to Onyx Condo Management

For owners’ meetings, people are going to want to go back to meetings in person, having that personal interaction is key. Virtual meetings really do eliminate a lot of typical challenges for owners to attend meetings. I feel that some buildings/boards will want to have a hybridized meeting of some sort to assist better to achieve quorum. I foresee larger buildings being able to support the hybrid meeting platform with the extra costs. Small Corporations will likely fall back to meeting in person. For Board meetings, the virtual meeting will become another tool in the tool box to be able to have quick meetings set up or even become an alternating meeting style.

Darryl Fulton, Regional Condominium Manager, Goldview Property Management

I would prefer to have face to face meetings as they used to be prior to COVID-19. Such meeting have more impact and the personal interaction with the unit owners, board and management makes it more practical. I have chaired the condo board for 3 years and used to have monthly or by monthly unit owners information meetings. These meetings were a challenge for the board and management but a comfort for the unit owners as they felt that they are part of all the decision-making process.

Bashir Shaikh, Mainframe Technical Specialist (DBA), Great-West Life

Online Learning Workshop

It’s Great to Chair a Virtual Meeting!
Moving Beyond the Basics – Advanced Virtual Chair Certification, Part II

Virtual meetings are here to stay. And for those property managers or condo board directors who want to sharpen their meeting chair skills further, this CAI Canada workshop is for you.

Building on the skills you learned in the recent 2-part CAI Canada Virtual Workshop, this advanced workshop is for those who participated in the first sessions and those who have experience chairing virtual meetings.

With in-person meetings currently on pause, this is your chance to increase your knowledge and gain confidence in your role as a virtual chair.

What you’ll learn: Requisition meetings • Adjourned meetings • By-law meetings • Two AGMs in One – Catch up • Information meetings and Amendment to Declaration Discussion meetings

When: Thursday, June 10, 2021 from 10:00 a.m. – 12:00 noon

Cost (includes workshop, CAI Certificate of completion, sample scripts and checklists):
$25.00 CAI Canada Members (to get member pricing contact hello@caicanada.com)
Special offer: JOIN CAI CANADA today and get this WORKSHOP for FREE –https://caicanada.com/membership/
$75.00 for non-members

Your course leaders: Rod Escayola and Graeme MacPherson, Gowling WLG
Natalia Polis and Denise Lash, Lash Condo Law
Adam Arcuri, moderator, CondoVoter

Co-Sponsors: CondoVoter and CondoBusiness, REMINetwork.com
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Bonus! Learn more about Virtual Meetings.
Watch some of the discussion on the topic of virtual meetings and electronic voting from CondoAdviser’s webinar series:

Virtual AGMs & Electronic Voting – https://youtu.be/HgNEG0pdVPQn 
Notices for Virtual Meetings – https://youtu.be/8vDnnagIrZY
Proxies vs. Advance Electronic Voting – https://youtu.be/IbEcyl5QNdA
Registration for a Virtual Meeting & Electronic Voting – https://youtu.be/RLSpb3ufDGw
Hybrid Meetings – https://youtu.be/-qa7VSXjd4E
Controlling a Virtual Meeting – https://youtu.be/VVtOnhrPe0w
The Recording – https://youtu.be/KI6CmjW76SY

Update from CAI USA

Virtual meetings. CAI supports legislation that allows community association board meetings and annual meetings of the membership to be held virtually. These meeting rules and regulations vary from state to state and often are contingent on an association’s governing documents. Many states require associations to follow a nonprofit or business corporation act. If an association’s governing documents are silent on virtual meeting regulations, the nonprofit or business corporation act may allow an association to hold them. CAI supports an option for community associations to hold meetings virtually during and after the pandemic.

While quite a few state statutes authorize board and annual meetings to be held virtually, many states will benefit from clarification and codification for permanent authority beyond the pandemic. To date, 13 states have introduced legislation this year that allow community associations to hold virtual meetings, including Connecticut, Georgia, Hawaii, Illinois, Maine, Maryland, Missouri, Oregon, Tennessee, Texas, Virginia, Washington and Wisconsin. Virginia already passed legislation this year amending the state’s Property Owners’ Association Act and Condominium Act to permanently allow, not mandate, virtual membership meetings subject to guidelines adopted by the association board of directors.

Electronic voting. CAI supports legislation that allows community associations to use electronic voting for elections. Electronic voting, if conducted properly, can increase engagement, save money, and provide a practical solution to in-person voting while keeping residents safe during the COVID-19 pandemic.

Four states have introduced legislation allowing community associations to vote electronically, including Hawaii, Maryland, Oregon, and Virginia. The Commonwealth has already passed legislation this year amending the state’s Property Owners’ Association Act and Condominium Act to permanently allow, not mandate, electronic voting subject to guidelines adopted by the association board of directors.

Adjourned Condo Meetings – Lash Condo Law

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.

Chairing a Condo Virtual Meeting – Lash Condo Law

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.

Condo Hybrid Meetings – Lash Condo Law

Over the past few weeks there has been lots of discussion among board members and condo managers about getting ready to hold “hybrid” meetings. But when you ask what exactly is a hybrid meeting, the answer usually is “a virtual meeting and an in-person meeting”.

A great requisition meeting moderated by CondoVoter

I am hearing reports that many condominiums are postponing their annual general meetings (“AGMs”) due to COVID-19 instead of using virtual means to hold them. Some condominiums are also avoiding decisions that could result in a requisition by owners, such as making changes to the common elements, assets, or services under Section 97 of the…

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