Many boards face difficulty with availability in conducting regularly scheduled meetings. When they are not able to meet in person they could otherwise meet by telephone or other communication means.
Section 35(5) of the Condominium Act, 1998 specifically provides that a meeting of directors can be held by teleconference or another form of communications system that allows the directors to participate concurrently if,
the By-laws authorize those means for holding a meeting of the directors; and
all Directors of the Corporation consent to the means used for holding the meeting.
Subject to the Corporation’s By-laws, a Director participating in a meeting by electronic means is deemed to be present at the meeting. Such Director may exercise his or her voting rights as if he or she was physically present in the room.
Since the Act requires that the Directors participate concurrently, Board meetings cannot be held by e-mails. A decision taken secretarially by e-mail should be ratified at the following Board meeting.
Corporations that do not have a By-law authorizing participation to Board meetings by electronic means should consider adopting such a By-law. Allowing remote participation may attract new Board candidates such as snowbirds or business travellers who would normally not consider joining the Board.
The introduction of bill 106 proposes to address this issue, which could effectively provide Boards, and their Property Managers, with the tools necessary for conducting regularly scheduled meetings, virtually anywhere, and at anytime.