AGM’s During the COVID-19 Crisis
April 7, 2020
Laura M. Gurr
Spring is often AGM season in the condominium industry but as we all are experiencing, spring 2020 brings with it unprecedented challenges and public health concerns. Condominium managers and boards of directors will need to find creative solutions to meet new and unique challenges. While subsection 45(2) requires an AGM to be held within six months of the end of each fiscal year, we do not recommend continuing with the AGM as planned during the COVID-19 pandemic. Public health recommendations prohibit gatherings of more than (5) five people and (unless there is a corporations with few units or most units are represented by proxy) for most corporations continuing with the AGM would not conform with current public health recommendations. In my view, it would also be a breach of Section 117 (dangerous conditions) to hold the AGM as a corporation would normally hold it with in person attendance. Even for condominium corporations that have sent out a Preliminary Notice of Meeting or a Notice of Meeting, we do not recommend proceeding with business as usual. That leaves condo corporations with two viable options:
- Postpone the AGM until public health officials advise that it is safe to resume normal activities and hold large gatherings of people; or
- Make arrangements to conduct the AGM through teleconference, videoconference or other remote participation options.