Specific Legal Issues

July, 30 2020 Published by Toronto and Area Chapter

Legislative Newsflash Ontario - End of State of Emergency Triggers Condominium AGM Timelines - July 2020

End of State of Emergency Triggers Condominium AGM Timelines

CondoVoice

Release date: July 30, 2020

End of State of Emergency Triggers Condominium AGM Timelines

On July 24th, 2020, the Ontario government revoked the Regulation which declared a state of emergency in the province due to COVID-19. Accordingly, with the state of emergency over, the new mandatory timelines for condominium corporations to hold their AGMs have now been triggered under Schedule 5 of the COVID-19 Response and Reforms to Modernize Ontario Act, 2020, S.O. 2020, c. 7 (“Bill 190”).

Condominium corporations are usually required to hold their Annual General Meeting within 6 months of the condominium’s fiscal year-end. However, if the last date to hold the AGM was a date between March 17th, 2020 (i.e. when the COVID-19 state of emergency was declared) and July 24th, 2020 (i.e. when the COVID-19 state of emergency ended), then the condominium has 90 days after July 24th, 2020 to hold their AGM (i.e. up to and including Thursday October 22nd, 2020). If the last date to hold the AGM was a date that was within 30 days after July 24th, 2020 (i.e. between July 25th, 2020 and August 24th, 2020), then the condominium has 120 days after July 24th, 2020 to hold their AGM (i.e. up to and including Saturday November 21st, 2020).

Bill 190 also allows condominiums to hold their AGMs electronically (e.g. virtually via videoconference) until Sunday November 22nd, 2020, even if the condominium does not currently have a By-law in place to explicitly permit virtual AGMs. The condominium is not required to hold their AGM electronically, but it is an option that the Board of Directors may wish to explore, especially if owners are likely to stay away from in-person meetings by the time the AGM is held and quorum is at risk of not being obtained if the AGM is held in person

 


CCI is committed to providing regular ongoing updates regarding all legislation concerning condominiums, in order to keep our members abreast of changes they need to be aware of.

 

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