A condominium corporation is created when a condominium plan is registered with the Land Titles Office. The corporation consists of all of the individuals who own units in the complex registered on the condominium plan. Every corporation has a set of governing bylaws.
The board of directors (also known as the condo board) is responsible for running the corporation. The condo board may be responsible for the day-to-day operations of the condominium or the board may contract a condo management company to handle operations.
Always check your condo’s registered bylaws as they may have different rules on meeting matters such as:
- Rules and procedures for annual general meetings and special general meetings
- Meeting venue
- Voting rights and methods
- Order of business and conduct
Meeting to elect first board
When a condo plan is registered, a developer must hold a meeting to elect the first board (also known as a “turnover meeting”). The meeting can also be called by an owner if the developer does not do so. The developer and interim board must disclose a number of documents to the corporation and elected first board. You can learn more about interim boards and the meeting to elect first board in the Developer Turnover section.
Annual general meeting (AGM)
The first AGM must be held within 12 months of the condo plan registration. A condo corporation is then required to hold an AGM every year, within 15 months of the previous AGM. At the AGM, new condo board members are usually elected, the financial status of the corporation is disclosed, and any matters requiring owner input are discussed.
Notice of AGM
At least 14 days before an AGM, the condo corporation must give written notice of the meeting to owners and mortgagees and provide copies of the following documents:
- Financial statements for the previous fiscal year, prepared according to generally accepted accounting principles
- Annual report on the reserve fund
- Annual budget for the fiscal year immediately following the previous fiscal year
Check your condominium’s bylaws for any further information about notice of an AGM. For example, some bylaws may require preliminary notice of an AGM.
Information provided after AGM
Within 60 days after an AGM, the condominium corporation must provide an owner or mortgagee with approved minutes (or draft minutes if no minutes have been approved). The approved minutes or draft minutes must include records of the votes held at the AGM, recording the following information:
- If an ordinary resolution was proposed, the results of the vote
- If a special resolution was proposed:
- the number of people (entitled to vote) who voted in favour of the resolution and number of unit factors represented by them
- the number of people (entitled to vote) who did not vote in favour of the resolution and number of unit factors represented by them
- For an election of board members determined by a vote, the number of votes in favour of each candidate
Special general meetings
When the condo board asks unit owners or unit owners ask to meet in addition to an AGM, it is known as a special general meeting. Such meetings are called to discuss an urgent matter that requires owner input and a resolution.
A board can convene a special general meeting by giving written notice to owners at least 14 days before the meeting.
When owners with units representing at least 15% of total unit factors provide a written request to hold a special general meeting, then the board must hold one by giving written notice to each owner at least 14 days before the meeting. The owners’ request must include the nature of the business to be discussed at the meeting. The board must hold the meeting within 30 days of receiving the request. Otherwise, the owners may proceed to hold the meeting.
A special general meeting notice must include the meeting purpose, including proposed wording of any resolution.
As long as a reasonable attempt to give notice of a general meeting was made, failure to give notice does not invalidate anything done at that meeting.
Board and general meetings must be held in the municipality in which the units are located unless an ordinary resolutions says otherwise.
Board members can participate in a board meeting electronically, as long as board members and meeting attendees can hear each other. Board members are considered to be present at a meeting if they participate in a board meeting electronically.
A quorum is the minimum number of people required to be present at a meeting so that the decisions made at the meeting are valid.
The number of persons needed to make a quorum should be in the bylaws. For example, some bylaws will specify that at least 25% of all people entitled to receive notice of the meeting or represented by proxy must be present to form a quorum.
Some bylaws will even outline what will happen if there are not enough people to form a quorum at a meeting. For example, if there are not enough people present at the meeting to form a quorum within the first 30 minutes of the meeting, the meeting must be adjourned to the corresponding day in the next week. It must be held at the same place and time. If there are not enough people present at the meeting to form a quorum within the first 30 minutes of the adjourned meeting, then the people entitled to vote or represented by proxy who are present would be the quorum for meeting purposes.
For example, if an AGM was scheduled for 7 p.m. on a Tuesday and there were not enough people at the meeting to form a quorum, then it must be adjourned to the next Tuesday. The adjourned AGM must also be held at the same place and time (7 p.m.). People present at the adjourned AGM will be entitled to vote, regardless of whether a quorum was formed within 30 minutes of that meeting.
Always check your registered bylaws for any further guidance on Quorum.
All condominium unit owners have a right and responsibility to vote. Voting rights are based on the unit factor of the owner’s unit. If an owner’s unit is mortgaged, the mortgagee (money lender) has first priority to vote if written notice is given to the condominium corporation and the mortgagee is present for the vote.
Anyone eligible to vote can do so personally or by proxy. Voting by proxy means a person at the meeting can vote on behalf of a person who is not present but entitled to vote.
If an owner owes money to the corporation (for example, condo contributions or fees) for 30 days or more prior to a vote, the owner loses his or her right to vote.
Check your registered bylaws for any further guidance on voting rights.
The two most common voting methods are show of hands or poll. A show of hands is the most common voting method. Each person who is entitled to vote has one vote. Poll voting is a form of voting directed by the chair of the meeting. With poll voting, the number of votes that each person has will correspond to their unit factors. The condominium bylaws may outline other voting methods.
Votes can be given personally or by proxy at a general meeting. A proxy is someone who is authorized to attend the meeting and vote on your behalf. To vote by proxy, you will need to get someone to vote on your behalf and provide a written authorization that the person is your proxy.
In case of a tie vote, the corporation’s bylaws should specify how to break the tie. Often, the chair of the meeting (usually the President of the corporation) can cast a vote to break the tie.
Check your registered bylaws for any further guidance on voting methods.
Owners or mortgagees can give a proxy to any individual, which is a written authorization that the individual can vote on their behalf. A proxy must be in an electronic (for example, e-mail or fax) or hard copy format, containing information such as:
- The owner’s name and unit number or mortgagee
- The individual’s name to whom the proxy is given
- The date the proxy is given
- The signature of the owner or mortgagee giving the proxy
There are also situations where a proxy is invalid, for example, if it is given to:
- A minor
- A person other than an individual
- A manager or employee of the condominium corporation (unless the proxy was given only for forming a meeting quorum)
- A manager or employee of the condominium corporation’s management company (unless the proxy was given only for forming a meeting quorum)
Owners may revoke their proxies. When an owner gives two or more proxies, only the most recent proxy is valid.
A proxy can be restricted by the person who gave the proxy and the corporation’s bylaws and rules. For example, a corporation may adopt rules about their use, including proxy presentation procedures, verification and registration.
Proxies must be certified before or at the beginning of a general meeting unless the condominium’s bylaws say otherwise.
There are also certain rules about proxy expiration. For example, a proxy expires on the earliest of:
- The expiry date set out in the proxy
- 6 months from when the proxy was given and
- When the person giving the proxy is no longer an owner or mortgagee of the unit in which the proxy was given
There are two kinds of resolutions that owners (and mortgagees) will vote on at meetings.
An ordinary resolution is usually related to the day-to-day operations of the condominium. To pass an ordinary resolution, the condo corporation requires a majority vote or a resolution signed by a majority of people (who are entitled to vote) representing more than 50% of the total unit factors.
A special resolution is needed make a change that will substantially impact all owners, such as the addition, revision, or removal of a bylaw. To pass a special resolution, the condo corporation requires support of at least 75% of people (who are entitled to vote) representing at least 75% of total unit factors.
Check your registered bylaws for any further guidance on passing resolutions.
The minutes are a formal record of a meeting. The minutes include a summary of matters reported on, discussions, and decisions made or tabled. A condo corporation and its board of directors should keep minutes of all meetings and must, by law, make the minutes available to owners, mortgagees, and purchasers of a condo unit in certain situations (for example, after an AGM) and upon request. The Secretary of the board of directors usually takes minutes at meetings. The condominium corporation must provide owners with the approved minutes or draft minutes within 60 days after an AGM.
The Condominium Property Act does not specify how minutes should be taken at meetings. Experts recommend that condo boards refer to resources like the Robert’s Rules of Order for guidance on minute taking.
Check your registered bylaws for any further guidance on minutes.
Order of business and meeting conduct
The bylaws of the corporation may set out the standard order of business at an annual general meeting or special general meeting. For example, the order may be as follows:
- Call to order by the chair
- Calling of the roll and certifying of proxies
- Proof of notice of meeting
- Reading and disposal of any unapproved minutes
- Vote on agenda items
- Reports of officers
- Reports of committees
- Election of board members
- Unfinished business
- New business
Tip for condo boards: General meetings are to be conducted according to the rules of conduct adopted by the board. You may wish to see if your board has established any rules of conduct.
Check your registered bylaws for any further guidance on order of business and conduct for meetings. For example, your bylaws may have information on when a general meeting can be called.
Last updated: January 2020