Annual general meetings
Condo corporations have to call and hold annual general meetings (AGMs) where owners vote on major decisions. Boards have to:
- call and hold an annual general meeting within 3 months after the condo corporation is created (e.g., after the registration of the condo declaration and description)
- call and hold annual general meetings within 6 months of the end of each fiscal year of the corporation so owners can review the audited financial statements, elect directors, etc.
- give notice for a meeting at least 15 days before it is held
Owners who participate in the AGM are also given the responsibility of selecting the corporation’s auditor. At an AGM, the auditor reports to owners about the financial health and operations of the condo corporation.
In advance of an AGM, the auditor must issue a report on the corporation’s financial statements. The financial statements and auditor’s report must be included in the meeting notice package for the AGM.
Voting is based on the number of units, not the number of owners. Each unit is entitled to 1 vote whether it has a single owner, 2 owners, or more.
It is important to attend the AGM to help the condo corporation reach the number of voters it needs (e.g., to reach “quorum”) to make decisions on important issues and generally run the condo corporation efficiently.
At meetings, you may also hear first-hand about issues such as:
- an upcoming major repair
- items of concern (e.g., how a security incident was handled)
- new rules the board or owners would like to propose
Other owners’ meetings
Condo boards can also call and hold special owners’ meetings, known as requisition meetings. To request a meeting, unit owners must send the board a written petition (known as a requisition) with the support of owners from least 15% of the units in the condominium.
Unit owners may request an owner’s meeting on any topic of concern, from voting on proposed new rules to voting on the removal of a director. However, this does not mean that owners are entitled to vote on every decision that a condo board makes. The Condominium Act sets out the type of decisions that require a condo board to get the approval of owners.
If owners of at least 15% of the units sign a written request for a special meeting, the board must call and hold it within a certain period of time. Generally, condo boards have to call and hold requisition meetings within 35 days of getting a valid petition.
The request must include what business will be discussed or voted on. For example, some owners may wish to change the hours of access to the pool.
If the reason for the meeting includes a vote to remove a director, the director’s name and reason for removal must be specified.
The board of directors may also call a meeting of owners at any time. The meeting notice must explain why the meeting is being called.
Voting by proxy
If you are unable to attend an AGM or owners’ meeting but still want to have a role in the decision-making process, you may wish to submit a proxy form. This gives another person who plans to attend the meeting the power to vote on your behalf. Your condo board or condo manager may have proxy forms.
A proxy is a legal document. In handing over a proxy, you are giving someone the authority to vote on your behalf at a meeting on all matters related to the condominium. A proxy can be used to elect directors, as long as the owner specifies for whom he or she wishes to vote. Owners who turn over a proxy form must indicate who will vote on their behalf. Owners should ensure that anyone they choose as their proxy will represent their wishes.
Typically, only directors have a right to attend board meetings. Directors may issue invitations on occasion for owners or others to attend and address a matter with the board.
Boards of directors must keep minutes of their meetings and these minutes must be available for review by any owner. Boards may not have to release records about:
- employees of the corporation (except for contracts of employment)
- actual or pending lawsuits or insurance investigations
- specific units or owners
Requests must be made in writing.