What Ontario’s Condo Managers Need to Know About Virtual Meetings

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Effective October 1, 2023, the Ontario government’s Bill 91: Less Red Tape, Stronger Economy Act, 2023 allows virtual meetings in condominiums, as well as electronic voting, and electronic document handling. This change replaces the temporary framework that was established during the COVID-19 pandemic and reflects a permanent move towards digitized processes. 

This shift marks a significant step towards modern governance. However, condo managers have significant responsibilities during this transition. They must ensure that meetings are accessible, efficient, and compliant with all legal requirements.

Today, we’ll look at the key aspects of these changes and the role that Ontario’s condo managers play in managing and upholding these standards, should they choose to conduct operations virtually. 

 

Key Aspects of The Less Red Tape, Stronger Economy Act, 2023

Virtual & Hybrid Meetings

The Act introduces the option for condominiums to conduct virtual or hybrid meetings. This change offers flexibility and caters to different preferences. One of the key benefits of this change is broader meeting participation from condo community members. 

Approximately 25% of Canadians report that they prefer virtual meetings over in-person meetings. Having the option for virtual or hybrid meetings in a condominium encourages this 25% to participate in owners’ meetings. 

Electronic Voting and Notices to Owners

The Act now allows for electronic voting and the electronic distribution of notices and documents. This includes the ability to send notices via email without requiring explicit consent from the owner (provided management has the owner’s email address). This change is intended to streamline the voting process and communication within communities.

Legislative Changes

Amendments to the Condominium Act, 1998, include defining “telephonic or electronic means” and outlining specific requirements for meeting notices. “Telephonic or electronic means” are defined as any means that uses telephone or other technological means to transmit information. 

These changes, along with regulatory adjustments, facilitate the adoption of virtual processes and provide a clear framework for condominium corporations to follow. This framework includes specific requirements for meeting notices that include: 

• The notice must state the time of the meeting. If directors are attending in person, the place of the meeting must be specified. 
• For meetings held via telephonic or electronic means, the notice should include instructions for attending and participating in the meeting using these methods, including instructions on how to submit votes during the meeting, if applicable. 
• The notice must outline the general nature of the business to be discussed at the meeting. 

These requirements ensure that all participants are well-informed and can effectively engage in meeting processes.

Platform Specifications

Platform options range from video conferences, which allow for face-to-face interaction, to teleconferences, which cater to audio participation. However, the meeting must be accessible to all members, including those without computer access. Teleconferencing options that allow members to participate via phone call can help those without computer access. 

For members who cannot access the meeting through the chosen platform, consider alternative methods such as paper proxy voting, advanced votes, or submitting questions and comments in advance.

Meeting Attendees & Quorum

Condos must establish a process for attendee registration and feedback. This includes collecting details on attendee names, voting rights, and preferred voting methods. This step ensures that meetings are conducted with the necessary participation and in compliance with legal requirements.

Technical Considerations & Contingency Planning

Managers need to have backup plans for technical difficulties and advise attendees on best practices for joining and participating. Effective contingency planning ensures that meetings run smoothly, even in the face of technical challenges.

Condo Management’s Key Responsibilities When Holding Virtual Meetings

Preparation For Meetings

Condominium managers must ensure they are familiar with and adhere to the condominium’s declarations, by-laws, and rules. They are responsible for engaging in ongoing communication with attendees and providing updates and information about the meeting, including the registration process and verifying attendees.

Conducting Meetings

Managers act as neutral facilitators during meetings and voting. They are responsible for handling proxies and electronic ballots appropriately and validating them impartially. This includes managing the voting process fairly and ensuring that all attendees can participate effectively.

Post-Meeting Responsibilities

After the meeting, managers must communicate the results and decisions to all owners and members. Communication must be transparent and delivered in a way that is accessible to all members. Management must also keep accurate records of the meeting proceedings and decisions.

Ethical Considerations

Maintaining impartiality during voting processes and proxy handling is crucial. Condominium managers must treat voters’ information confidentially and avoid influencing the voting process. Upholding these ethical standards ensures fairness and integrity in the decision-making process of condominium communities.

 

Need Help Upholding Condominium Law in Your Electronic Processes?

Maintaining condo law in your community is essential to your operations. This article is here to help, but it should not be treated as the final word on compliant condominium processes. It’s best to consult official CMRAO documentation and an experienced property manager.

ICC Property Management has been operating in Ontario for over 30 years. Our team has extensive experience helping condo managers navigate CMRAO requirements. We’re confident that we have the experience and expertise to help your community shift to virtual meetings smoothly.

Reach out to us today to request a free proposal.