As you probably know, the declared emergency in Ontario came to an end on July 24, 2020, with the enactment of Bill 195. I’ve received several emails and calls today from clients looking for advice on what Bill 195 means for condominiums. The most significant concern seems to be the requirement for holding AGMs and the temporary extensions for holding AGMs that were provided for in Bill 190. Today I’ll answer a few of the most common questions. Continue reading
I am hearing reports that many condominiums are postponing their annual general meetings (“AGMs”) due to COVID-19 instead of using virtual means to hold them. Some condominiums are also avoiding decisions that could result in a requisition by owners, such as making changes to the common elements, assets, or services under Section 97 of the Condominium Act, 1998 (the “Act”), or creating, amending or repealing rules under Section 58. Many appear reluctant to use virtual meetings and electronic voting for a variety of reasons, but the primary concerns appear to be about the security of virtual meetings, the inability of owners to use the technology, and the associated costs.
Last week I participated in my first virtual requisition meeting to remove two directors from the board of directors of a condominium. I have participated in other types of virtual owners’ meetings, but this was the first requisition meeting so I was not sure if it would work as well. Today I thought I would discuss my experience. Continue reading
As you may have noticed, I have not blogged about COVID-19 much these past few months. This was an intentional decision based on a number of factors. The situation was evolving so quickly that it seemed like my advice was changing almost daily at times depending on the recent statistics, public health recommendations, emergency orders, and the law. I did not want to confuse or mislead people who might be reading the blog weeks or months later. Also, some people reported feeling overwhelmed by the number of articles, blog posts, and webinars on the topic. I felt it was unnecessary to add to the stress when so many others were doing such a great job publishing information about the subject. I am still frequently asked about COVID-19 resources for condominiums and owners, so today I am going to provide a list of some of the available resources. Continue reading
One of the busiest times of year for annual general meetings (“AGMs”) normally begins in mid-April and lasts until the end of June. This period of time is normally when condominiums with December 31 year-ends hold their AGMs. Unfortunately, many condominiums have been unable to hold their AGMs due to COVID-19. Often the directors felt like they were being forced to decide which way they wanted to contravene the Act: hold the AGM using virtual meetings even though the condominium did not have a by-law permitting virtual meetings, or postpone the AGM and contravene the requirement to hold the meeting within six months of the fiscal year end. Not an ideal situation.
Fortunately, on Friday April 24, 2020, the Ontario government issued an Order to provide some temporary relief to condominiums struggling to make these tough decisions. The Order makes various amendments to the Condominium Act, 1998, with respect to meetings of the owners and of the board to make it easier to hold virtual meetings. A copy of the order can be found here: https://files.ontario.ca/solgen-oic-meetings-for-corporations.pdf Continue reading
On March 21, 2020, we published a post entitled COVID-19 Update: Virtual Meetings, Condo Fees, and Liens. We suggested some ways in which condominiums could lessen the burden on owners who may be struggling to pay their condo fees, such as revising the budget or changing the payment schedule. We also eluded to a third option coming soon. This morning we learned more about that third option. Continue reading
During the pandemic a new word is spreading around the world almost as quickly as the virus itself: Caremongering. Caremongering is a response to the scaremongering that some feel is prevalent these days due to the pandemic. Caremongering groups are popping up all over to help vulnerable groups or people struggling due to the pandemic. Some are aimed at helping seniors and other vulnerable people get necessities, like food and medicine. Some groups are trying to find ways to support small, local businesses stay open during the pandemic. Other groups try to help with the anxiety and depression caused (or exacerbated) by the pandemic’s isolation.
What does this have to do with condos? Condos are small communities and there are many opportunities for caremongering within the community. Before we get into some ideas, let me be clear about a few things. I am not encouraging people to engage in activities that endanger themselves or any other resident. Anyone participating in these activities must take the necessary precautions to avoid the spread of the virus and comply with any orders or recommendations made by public officials. (Sorry for the disclaimer, but remember this is a blog written by lawyers).