Overview of Ontario

🏛️ Governing Legislation

• Condominium Property Act (CPA) – The primary statute governing condominium corporations in Alberta.
• Condominium Property Regulation – Provides detailed rules supporting the CPA.
• Bill 53 (2021) – Amended the CPA to permit virtual meetings and electronic voting.
• Bill 30 (2024) – Introduced reforms to enhance governance and dispute resolution in condominium communities.

🗓️ Types of Owners’ / Member Meetings

1. Annual General Meetings (AGMs)

Definition: Regularly‑scheduled meetings of the unit owners of the corporation at which, among other things, the board is elected/confirmed, financial statements are presented, auditor is appointed, and required business is transacted.

Key requirements & important nuances

• Timing / First AGM & subsequent AGMs
  • Under the Condominium Act, 1998 (Ontario) (the “Act”), the first AGM must be held within three months of the registration of the declaration and description of the condominium corporation. (FREE Legal Information | Legal Line)
  • After the first AGM, the AGM must be held within six months after the end of the fiscal year of the corporation. (FREE Legal Information | Legal Line)
• Notice / Preliminary notice & Notice of Meeting
  • The regulator guidance from Condominium Authority of Ontario (CAO) states that a Preliminary Notice must be sent at least 20 days before the official Notice of Meeting, and then the Notice of Meeting must be sent at least 15 days before the AGM. (Condominium Authority of Ontario)
  • The statutory provision in the Act states that a “notice of meeting of owners shall be given at least 15 days before the day of the meeting”. (Ontario)
  • The notice must be in writing, to each owner (and any mortgagee entitled) whose name appears in the record 20 days before the meeting date. (Ontario)
• Content of notice
  • The notice must specify the place (or virtual format), date and hour of the meeting, the nature of the business to be presented, and must be accompanied by copies of proposed changes to declaration/by‑laws/rules if those matters are on the agenda. (Ontario)
  • According to CAO guidance the notice package for the AGM usually includes audited financial statements, auditor’s report, candidate disclosure statements for board election, and proxy forms. (Condominium Authority of Ontario)
• Quorum
  • CAO guidance states that for initial attempts at an AGM the quorum is owners representing at least 25 % of the units present (in person or by proxy or virtual). If quorum is not reached on first two attempts, at third or subsequent meeting the threshold drops to 15 % of units. (Condominium Authority of Ontario)
• Voting / Methods of participation
  • Owners may vote in person, by proxy or by electronic means if the corporation’s by‑laws permit and the required notice/forms have been provided. (CAO guidance) (Condominium Authority of Ontario)
  • A vote cannot be taken on any matter (other than routine procedure) unless that matter was clearly described in the notice of meeting. (Statute: s. 47(10)) (Ontario)
• Other statutory rights and obligations
  • The Act gives mortgagees the right to receive notice and to vote in place of the owner under certain conditions. (Ontario)
  • The corporation must maintain a record of names and addresses for owners and mortgagees for the purpose of notice. (Ontario)

2. Special General Meetings (SGMs)

Definition: Meetings of the unit owners held outside the usual annual general meeting (AGM) schedule to address specific issues (for example: change of rules, removal of a director, major expenditure, or other matters requiring owner input or vote).

Key requirements & important nuances

• Initiation / owner requisition:
  • Under Condominium Act, 1998 (Ontario) (the “Act”), owners may requisition a meeting of owners by submitting a written requisition. (Ontario)
  • The requisition must be signed by owners of at least 15 % of the voting units in the corporation. (Condominium Authority of Ontario)
  • The requisition must state the nature of the business to be presented at the meeting. (tocondonews.com)
• Board’s obligation when requisitioned:
  • Once a valid requisition is delivered, the board must call and hold a meeting of owners within 35 days (unless the requisitioners agree in writing to have the business dealt with at the next AGM). (condoadviser.ca)
  • The board must send a preliminary notice within 5 days of receipt of the requisition in some guidance and then a formal notice at least 15 days before the meeting. (Condominium Authority of Ontario)
  • If the board fails to call the meeting in the required time frame, the requisitioning owners may themselves call the meeting; the corporation may be required to reimburse reasonable costs. (condoadviser.ca)
• Notice requirements:
  • All owners must receive the formal notice of the meeting. According to regulator guidance, the preliminary notice must be sent at least 20 days before the notice of meeting, and the formal notice at least 15 days before the meeting. (Condominium Authority of Ontario)
  • The notice must specify the date, time, location (or virtual format), and business to be dealt with; and must use the prescribed form as required. (Davidson Houle Allen)
• Agenda / business to be dealt with:
  • The business for the meeting must be clearly set out in the requisition and/or notice. If the meeting is to consider removal of a director, the requisition must identify the director and the reason for removal. (Condominium Authority of Ontario)
  • For other issues (e.g., rule changes, changes to common elements, etc), additional statutory notice may be required (for example under s. 97 of the Act for substantial changes to common elements). (elia.org)
• Quorum / voting thresholds:
  • The Act and regulator guidance do not always prescribe a standard quorum for SGMs; the corporation’s by-laws often govern quorum. However, for certain matters (e.g., removal of a director) the vote must be by more than 50% of the voting units. (Condominium Authority of Ontario)
  • For “substantial changes” to common elements under s. 97 of the Act, if the change is deemed “substantial” then at least 2/3rds of the votes (66.67%) of all owners are required to approve. (elia.org)
• Voting methods:
  • Owners may vote in person or by proxy and, if permitted in the corporation’s by-laws and via notice/forms, by electronic means. (Condominium Authority of Ontario)
• Owner-requisitioned meeting as “special meeting”:
  • SGMs (or owner-requisitioned meetings) are a key governance tool for owners to raise matters outside the regular AGM schedule and to hold the board to account. (condoadviser.ca)

3. Turnover Meetings

Definition: Meetings held when control of the condominium corporation transitions from the declarant (developer) to the unit owners.

Key requirements & important nuances

• Trigger / timing (precise statutory timing)
  • The declarant-appointed board must call a turnover meeting within 21 days after the declarant ceases to own a majority of the units; the meeting must then be held within 21 days after it is called — i.e., the turnover meeting must occur within 42 days of the declarant losing majority ownership. (Condominium Authority of Ontario)
• Notice / practical timing constraints
  • Modern notice rules require a preliminary notice and a separate notice of meeting (preliminary notice must be sent in advance of the formal notice). In practice that means owners will normally receive at least 35 days of advance notice in total (a preliminary notice 20 days before the formal notice, and a formal notice at least 15 days before the meeting). Because the turnover meeting must occur within 42 days of the declarant losing majority ownership, meeting planners must work quickly — and courts/experts note that satisfying both the statutory turnover window and the notice requirements can be a tight timeline. (Condominium Authority of Ontario)
• Who may call the meeting if the board doesn’t
  • If the declarant-appointed board fails to call the turnover meeting within the required 21-day calling window, any owner or mortgagee who has the right to vote may call the meeting. (Gardiner Miller Arnold LLP)
• Documents the declarant must turn over (and deadlines)
  • At the turnover meeting the declarant must hand over core corporate records (minute book, declaration, by-laws, rules, agreements entered on behalf of the corporation, register of owners, etc.). Additional documentary delivery deadlines follow: many financial and technical records must be delivered within 30 days after the turnover meeting, and audited financial statements within 60 days. (See s.43 of the Condo Act and CAO guidance for the full lists/timelines.) (Condominium Authority of Ontario)
• Voting at the turnover meeting — who votes and how
  • Owners of record have the statutory voting rights attached to their units; the declarant — as the registered owner of any unsold units — retains the votes for those unsold units and therefore can vote those units at the turnover meeting unless restricted by the declaration or by law. Practically, this means a declarant who still holds a large block of unsold units can materially influence director elections unless owners (or the declarant) voluntarily agree otherwise. (Gardiner Miller Arnold LLP)
  • Voting method: owners may vote in person, by proxy, or by electronic voting only if the corporation’s by-laws and the notice/forms used permit those methods (the Act and regulation now prescribe standardized notice/forms and conditions for electronic/proxy voting). (Condominium Authority of Ontario)
• Owner-occupied (reserved) director position
  • If at least 15% of units are owner-occupied, the Act reserves one director position to be elected only by owner-occupiers (commonly called the “owner-occupied director” position). That reserved vote and position applies at the turnover/election process where the statutory conditions are met. (Condominium Authority of Ontario)

4. Reconvened / Adjourned Meetings

Definition: A meeting of the unit‑owners of a condominium corporation that has been adjourned (for example, due to lack of quorum) and is resumed (“reconvened”) later to continue business or vote on agenda items.

Key requirements & important nuances

• Adjournment and continuation
  • If a unit‑owners meeting (for example an AGM or other owners’ meeting) does not achieve quorum, then binding business cannot proceed until the meeting is properly reconvened. (GTA-Homes)
  • The procedural rules for adjournment are normally set out in the corporation’s by‑laws. The statute does not provide a detailed separate schedule for reconvened meetings beyond general meeting notice requirements.
• Notice for reconvened meeting
  • According to the guidance from the Condominium Authority of Ontario (CAO), all owners’ meetings must follow the notice regime (preliminary notice + notice of meeting). (Condominium Authority of Ontario)
  • If the adjourned meeting is set for a date and place announced at the original meeting (e.g., “This meeting is adjourned until [date] at [time/place]”), many by‑law commentaries note that no new formal notice may be legally required, so long as the date/place is fixed and communicated. (Lash Condo Law)
  • If the reconvened meeting is at a different date/time/place not previously fixed at the original meeting, a new notice or reminder should be sent in accordance with notice rules and the by‑laws.
• Quorum at the reconvened meeting
  • The applicable quorum is normally set by the corporation’s by‑laws; many buildings adopt the standard thresholds (e.g., 25% of units for first attempt; 15% for subsequent attempts) for owners’ meetings. (GTA-Homes)
  • For a reconvened meeting, if the by‑laws specify a lower quorum or allow the meeting to proceed with fewer owners, the corporation must follow its by‑laws. Absent such provision, the default quorum still applies.
• Voting at the reconvened meeting
  • The methods of voting (in‑person, proxy, electronic) permitted at the original meeting apply equally to the reconvened meeting, provided the corporation’s by‑laws and notice/forms permit those methods. (Condominium Authority of Ontario)
  • The business to be dealt with at the reconvened meeting must be consistent with the agenda/notice of the original meeting (unless a new notice is sent). A vote may be challenged if owners were not given notice that the item would be considered. (Lash Condo Law)
• Practical governance & risk‑points
  • Confirm the by‑laws: check whether the by‑laws provide that an adjourned or reconvened meeting may proceed with a lower quorum or different voting threshold—ensuring compliance prevents invalid decisions.
  • When collecting proxies or allowing electronic voting, ensure that the proxy forms reference the reconvened meeting date/time (if fixed) so that the proxy remains valid at that session. Some by‑law guidance warns that proxies tied to an earlier date may become invalid if the reconvened meeting date changes significantly. (Lash Condo Law)
  • If a new notice is required for the reconvened meeting (because date/place changed), ensure the notice package complies with the preliminary notice + meeting notice regime to avoid challenges to the meeting’s validity.
  • When conducting the reconvened meeting, clearly record in the minutes that it is a continuation of the earlier meeting, specify the adjournment details (date/time of adjournment) and that the agenda carries forward, to provide a clear audit trail.

5. Townhall / Informal / Workshop Meetings

Definition

Informal sessions convened by the board or management for discussion, education, or Q&A with owners or members. These meetings are not formal statutory meetings (i.e., not AGMs, SGMs, or turnover meetings) and therefore do not carry legal decision-making authority.

Key points & nuances

• Notice
  • The Condominium Act, 1998 (Ontario) does not require notice for informal or educational sessions. (condoauthorityontario.ca)
  • While formal notice is not required, the board may still provide owners with information about the session to encourage attendance and transparency.
• Quorum
  • Quorum requirements under the Act or the corporation’s by-laws do not apply, because no binding decisions or votes are permitted.
• Voting / Decision-making
  • No votes may be held or decisions made at informal/townhall/workshop meetings; all formal decisions must be taken at statutory meetings (AGMs, SGMs, turnover meetings, or reconvened meetings) in accordance with the Act and by-laws. (condoauthorityontario.ca)
• Practical guidance / risk points
  • Minutes or notes may be taken for informational purposes, but they cannot be relied upon as legal resolutions.
  • Boards may use these sessions to explain upcoming votes, review financial information, discuss maintenance or capital plans, and answer owner questions, which can help with engagement and informed voting at formal meetings.
  • Communication and transparency are encouraged, but care should be taken not to take binding votes or actions outside formal meeting channels.
  • Any feedback or informal poll results should be treated as advisory only; any resulting motions must be tabled and voted on at a formal meeting.

🗳️ Voting & Election Procedures

• Elections: Must be held at least once every calendar year.
• Proxies: Written appointment; owners 30+ days in arrears ineligible to vote.
• Electronic Voting: Permitted if authorized by the corporation's bylaws.
• Record Retention: Ballots and proxies must be retained for at least one year.

📌 Additional Considerations

• Developer Turnover: Must be initiated within 90 days after 50% of unit titles are issued.
• Open Meeting Comment Period: Board must reserve a portion of a meeting for member comment, unless the bylaws specify otherwise.
• Fiduciary Duties of Board Members: Must act honestly and in good faith with the best interests of the corporation.
• Record Access & Fees: Owners have the right to access records; fees for copies may be limited.