AGM options under COVID-19 restrictions

Here are some options for your consideration. I urge you to check your governing documents and legal counsel before making a final decision. Every condo and every jurisdiction will operate differently.

  • Hold your AGM meeting as usual. Issues: Will your venue be large enough to observe social distancing guidelines? Will you require attendees to wear a mask? Will you have hand sanitizing stations?  
  • Hold your AGM meeting outdoors. Issues: Will your location provide some privacy? Will you need a sound system? Do you have a plan in case of bad weather? Remember that you may still have to follow social distancing guidelines, ask people to wear masks and provide for hand sanitization. Attendees will need to bring their own chairs.
  • Hold a virtual AGM meeting. Issues: computer literacy, computer equipment, bandwidth, costs, etc.… I discussed this issue in a previous post.
  • Hold virtual vote on AGM issues only. Issues: Although this might an unorthodox method, having an online vote may be a solution for corporations who must make important decisions that cannot be postponed. I do not know if this could qualify as an AGM, but I would recommend that a participation rate equal or greater than that required for an AGM would be a consideration. Holding a virtual vote would be easier to manage than a virtual meeting. Using existing software services such as Simply Voting, Election Buddy or CondoVoter will carry a cost but make the exercise much easier than attempting to organize the process on your own.
  • Board waives meeting until next year. This could be a breach of your governing documents and legislation in your area. Most jurisdiction require eighty to one hundred percent of owners to agree in writing. Advice from legal counsel should be sought. However, since there are no condo police, probably nothing would happen if the Board engaged in proper complete and transparent communication with owners. The two possible avenues would be for owners to call a meeting to override the Board decision (unlikely) or, an owner would have to sue the corporation for breach of duty to hold an AGM. This is very unlikely. I am sure that the courts would be lenient given the circumstances.

Note: Whatever method you choose to utilize, proper notice requirements should be followed.

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