The industry has long held that delivery of any documents relating to the corporation, must be in the form specified by the owner, and in compliance with the Act. Translated, a hard copy, mailed to the registered owner at the unit address, unless the owner has provided an alternate mailing address.
However, with many boards looking to reduce operating costs, attention has been given to the possibility of sending AGM packages by email rather than sending a hard copy by regular mail as it is often the established practice.
The package for a condominium’s annual general meeting (“AGM“) generally includes several documents: a notice of meeting, an agenda, the minutes of the last AGM, the audited financial statements, in some a copy of all proposed changes to the declaration and by-laws or any other items that are to be discussed at the meeting. This is a lot of documentation and a lot of paper depending on the number of units.
Section 47 of the Condominium Act (the “Act“) deals with notices to owners.
Subsection 47(1) provides that a notice that is required to be given to owners must be in writing and must be given at least 15 days before the day of the meeting if the notice is a notice of meeting of owners.
Subsections 47(7) and (8) provides for the various ways in which notices can be served to owners. Although notices, in particular AGM Package, are often sent by regular mail at the address for service that appears in the records of the corporation, notices can also be sent by facsimile transmission, electronic mail or any other method of electronic communication provided that the owner or mortgagee agrees in writing that the notices may be given to them in this manner.
The requirement to obtain written consent for electronic communications only applies to notices mandated by the Act. Corporations who wish to save trees (and dollars) may send their AGM notices to unit owners once the condominium property manager has obtained the required consent from each respective owner.