Administering Virtual Meetings: A Comprehensive Guide for Condominium Managers

On June 8, 2023, the Ontario government passed Bill 91: Less Red Tape, Stronger Economy Act, 2023, which includes amendments to the Condominium Act of 1998. Effective October 1, 2023, these changes allow for broader participation in condominium meetings through virtual processes, replacing the temporary measures introduced during the COVID-19 pandemic.

Key Amendments:

1. The legislative changes introduce several vital provisions: Virtual or hybrid meetings are now permitted.
2. Electronic voting is allowed without the need for a specific by-law.
3. Notices can be sent electronically without owner consent, provided the corporation has the owner's email address on record.

These amendments aim to modernize condominium operations and increase accessibility for owners and board members alike. 

Types of Meetings in Condominium Communities

Condominium corporations typically hold two main types of meetings:

Meetings of Owners

These include Annual General Meetings (AGMs), requisition meetings, turnover meetings, and other gatherings for transactional purposes. AGMs are particularly important as they allow owners to review the corporation's financial statements, elect directors, and discuss important community matters.

Meetings of Directors

Required by the corporation's by-laws, these meetings are essential for conducting business with a quorum of directors present. They often involve discussions on budget planning, maintenance issues, and policy decisions affecting the condominium community. Often referred to as board meetings, directors typically meet monthly, bi-monthly, or quarterly.

Role of the Condominium Manager in Preparing for Virtual Meetings

Condominium managers play a crucial role in preparing for and executing virtual meetings. Their responsibilities include:

Preparation: Managers must adhere to all meeting related rules and requirements in their condominium’s declarations, by-laws, and rules. This involves providing adequate notice of meetings, reviewing and preparing relevant documents, coordinating with the board of directors, and meeting all legal requirements. They also facilitate communication with attendees, providing details about the meeting platform, access instructions, and share relevant materials.

Choosing the Right Platform: Selecting an appropriate platform to organize and conduct a virtual meeting is crucial. Managers must consider factors like attendee accessibility, platform functionality (e.g., voting capabilities), and the provision of any necessary accommodations. For instance, some platforms offer features like closed captioning or screen reader compatibility, which can be essential for ensuring all owners can participate fully.

Communication: Managers should provide clear instructions on how to join the meeting, including any alternative platforms in case of technical issues. This may involve creating step-by-step guides, hosting practice sessions for less tech-savvy owners, or setting up a helpline for technical support during the meeting. 

Conducting Meetings and Voting: During the meeting, condominium managers must act as neutral facilitators, ensuring the process is fair and transparent.

Use of Proxies: Proxies allow owners to delegate their voting rights. Managers must ensure proxies are properly validated while maintaining neutrality. They should not act as proxies themselves to avoid perceived influence. Establishing a clear process for submitting and verifying proxies is important before the meeting.

Meeting Attendees: A process for verifying attendees, including registration and documentation of voting rights, helps ensure the integrity of the meeting. This might involve using a virtual check-in system or assigning unique identifiers to each participant.

Voting at a Meeting: Voting can be conducted electronically without a specific by-law. The chosen platform should support features like anonymous voting and allow for vote changes until the voting period closes. Managers should be prepared to explain the voting process clearly and address any questions or concerns from participants. 

Post-Meeting Responsibilities

1. After the meeting, managers are responsible for communicating the results transparently to all community members or, for board meetings, summarize outcomes and action items for board directors.
2. Preparing and distributing meeting minutes.
3. Following up on any action items or decisions made during the meeting. This includes sharing progress and information received in furtherance of each action item with owners or board directors, as applicable.
4. Gathering feedback from participants to improve future virtual meetings.

Other Considerations

1. The flexibility of virtual and hybrid meetings allows for greater participation, as attendees can join from different locations. Managers should explore the preferences of owners and accommodate various meeting formats—virtual, hybrid, or in-person—to encourage maximum participation.
2. Accessibility: Ensure the chosen platform and meeting format accommodate owners with disabilities.
3. Security: Implement measures to prevent unauthorized access to meetings and protect sensitive information.
4. Technical Support: Have a plan in place to assist owners who may experience technical difficulties during the meeting.
5. Engagement Strategies: Develop methods to keep participants engaged during virtual meetings, such as using polls or breakout rooms for discussions.

Appendix: Summary of Legislative Changes

1. The amendments to the Condominium Act, 1998 and O. Reg 48/01 (General) include: The requirement for electronic communication addresses to be kept on record.
2. The ability to conduct meetings entirely by electronic means.
3. The need for specific by-laws to enable electronic voting is removed.
4. The option for owners to opt out of electronic communication of notices.
5. Prohibition of records requesters from accessing electronic communication addresses in the corporation's record.

These changes are designed to facilitate the transition to a new framework for virtual meetings, ensuring that condominium communities can operate efficiently and inclusively in the digital age. By embracing these changes and following best practices, condominium managers can help their communities adapt to the new virtual landscape, fostering greater participation and engagement among owners while maintaining transparency and fairness in decision-making processes.

Ready to revolutionize how you manage virtual meetings for your condominium? Managemate is the solution you've been looking for! As an online workplace designed specifically for condominium board directors and managers, Managemate offers a comprehensive platform to streamline your virtual meeting planning, organize records discussed at or prepared for meetings, save, track and share progress on action items, and for other board-manager workflows relating to condo management.

Managemate works with virtual meeting provider companies who can help host your virtual meetings.

Managemate helps your condominium board and managers prepare for more efficient, productive virtual meetings while ensuring all information is properly stored and easily accessible. Don't let the challenges of virtual meetings hinder your condo management efforts.

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