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.
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.
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”.
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…
In a recent case (Wu v. PSCC 826, 2018 ONSC 2027), a condominium unit owner commenced legal proceedings against the condominium corporation over election irregularities and proxy improprieties.
In a recent case (Janet Cangiano v. MTCC No. 962), the Ontario Condominium Authority Tribunal refused an owner’s request to receive unredacted proxies.
In a recent case, YRCC No. 818 v. Przysuski, the Ontario Superior Court of Justice confirmed the validity of the election of the board of directors of a condominium corporation.