In an effort to keep everyone updated on the constantly changing situations being faced by Condominiums, we are forwarding another letter for your information. As always, this information is generic and each situation is different. Please speak to your legal counsel if you have any questions.
Please feel free to contact our office if you have any further or specific questions related to your community.
On April 24, 2020, under the Emergency Management and Civil Protection Act, the provincial government issued an Order in Council amending O. Reg 107/20 (the “Order”). The Order has significant impact on how a condominium corporation can conduct business during the duration of the declared state of emergency. In this regard, we have provided our summary of the changes with respect to the Order in the numbered paragraphs below:
1: Mandatory meetings of owners are suspended
The deadlines to hold all general meetings of owners during the declared state of emergency have been suspended. The Order temporarily extends the time to hold these meetings to:
- any time before the 90th day after the end of the declared state of emergency, if the meeting would have been required to be held during the state of emergency; and
- any time before the 120th day, if the meeting would have been required to be held within 30 days after the state of emergency ends.
2: Meetings can be held electronically and owners can vote electronically without a by-law
The Condominium Act, 1998 authorizes the Board to hold a meeting of owners by telephonic means and further permits telephonic or electronic voting at a meeting of owners providing the appropriate by-laws are in place. However, during the declared state of emergency, all meetings of owners can be held electronically and owners will be able to vote electronically at such meetings regardless of whether the Corporation has the appropriate by-laws permitting same.
3: Notice to owners can be provided electronically
During the duration of the declared state of emergency, any notice which is required to be sent to an owner or mortgagee in respect of that meeting, and all required documents to be put before that meeting may be provided electronically to owners regardless of whether the owner has authorized electronic communications from the corporation.
4: Board meetings can be held electronically without the consent of all directors
The Condominium Act, 1998 authorizes the Board to hold Board meetings “by teleconference or another form of communications system” that enables all directors to communicate concurrently “if all directors of the corporation consent to the means used for holding the meeting”. However, pursuant to the Order a meeting of directors can now be called by email and can be held by teleconference or any other form of telecommunication without the need to obtain the consent of all directors.
5: Changes are effective retroactively
It is important to note these changes are being implemented immediately and retroactively. That is, this Order is retroactive from March 17, 2020 and will remain in effect until after the declaration of state of emergency is lifted.
As always, we encourage everyone to stay safe and informed by visiting any of the following websites for health and pandemic related information:
Public Health Agency of Canada:
https://www.canada.ca/en/public-health/services/diseases/coronavirus-disease-covid-19.html
Public Health Ontario:
https://www.ontario.ca/page/2019-novel-coronavirus
Centers for Disease Control and Prevention (USA):
https://www.cdc.gov/coronavirus/2019-ncov/index.html
World Health Organization (global):
https://www.who.int/emergencies/diseases/novel-coronavirus-2019
© Deacon, Spears, Fedson + Montizambert, 2020. All rights reserved
