Update on AGMs Now that Emergency Period Has Been Declared Ended
As of July 24th, 2020, the Ontario government has ended the declaration of emergency by virtue of Bill 195. This means that the COVID provisions suspending AGMs are no longer in effect and condos will now be required to hold their AGMs and other meetings in accordance with the transitional provisions found in Bill 190. (See links below for Bills 195 and 190.)
As indicated in our webinars (insert link for webinars here), there will be a big rush to schedule meetings to meet the new very short deadlines. It is important for condos to get their meetings organized promptly and to line up their property managers, auditors and lawyers for attendance purposes. Condos are still encouraged to hold virtual meetings as there are still restrictions in place regarding in person meetings. Condos should consider passing a virtual meeting and electronic voting bylaw at their AGM to allow for these meetings to be held virtually if the need arises in the future. See our webinar on this topic here (insert link to webinar on voting/meeting bylaws).
As we now know the date of the end of the declared emergency (July 24, 2020), below is a list of dates condos should be aware of:
- If the last date to hold your AGM was between March 17th and July 24th, 2020-you must hold your meeting by no later than October 22, 2020.
- If the last date to hold your AGM was between July 25th and August 24th, 2020, you must hold your meeting by no later than November 21, 2020.
- All owners meetings including AGMS may be held virtually and with electronic voting without a bylaw in place up until November 21, 2020.
- The provisions re notices and service during the temporary suspension period under Bill 190 remain in effect until November 21, 2020 - after that date we revert back to the regular notice and service provisions in the Condominium Act.