ACMO News Archive

July 31, 2020   News

The End of the Emergency What that means for Condominium Meetings

Published in Condo Law Newsletter, by Shibley Righton LLP

On July 24, 2020, the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 came into force, ending the declaration of emergency in Ontario. Many of the provisions, including those that allowed for electronic service of notices, virtual meetings, and the delay of meetings, will expire in the coming months.

How does this affect your next condominium meeting? It depends on when your fiscal year ends and whether your meeting must be held on or before November 22, 2020.

Delay of AGMs – When does your fiscal year end?
During the state of emergency condominiums did not need to hold their AGMs. Now that it is over, here are the new AGM deadlines:

Note that the timelines for requisition meetings are not affected by the delay. All the timelines for a requisition meeting are the same as they were pre-COVID.

Online Meetings, without a by-law, end November 22, 2020
The last day to hold an online meeting without a by-law is November 22, 2020. Until then, any condominium can:

After November 22, 2020 – Everything is back to normal (?)
As of today, any meeting held after November 22, 2020 will function as it did pre-COVID. Condominiums will need to:

The Ontario government can extend any of the electronic meeting provisions currently in place with a regulation beyond November 22, 2020, but we do not know when (or if) that will happen.

Condominiums that have not already done so should pass a by-law that allows for virtual meetings, before the November 22, 2020 deadline. Talk to your lawyer for more information about passing an electronic meeting by-law at your next meeting. Approval for this by-law is a majority of owners at a meeting not 51% of all units!