On April 9, 2020, Alberta’s Ministerial Order 009/2020 (the “Order”) came into force in response to the COVID-19 pandemic. Specifically, the Order introduced temporary changes to the Condominium Property Act and its regulation. We had written about the effects of this Order in a previous post.
Among other things, the Order temporarily suspended requirements for condominium corporations to convene their Annual General Meeting (“AGM”). Normally, an AGM must be convened within 15 months of the last AGM. However, such meetings were still permitted if they were held by remote means by the condominium corporation. Additionally, the requirement to hold special meetings was also suspended. Finally, the Order suspended the ability for condominium corporations to enter units to make non-emergency repairs when someone in the unit was self-isolating.
However, the Order expired on August 14, 2020 and there has been no indication that it will be renewed or replaced.
As a result, after August 14, 2020, condominium corporations are now required to hold the AGMs that were suspended due to the Order and to hold special general meetings that are requested by owners under the legislation. In addition to ending meeting suspensions, after August 14, condominium corporations and their employees, such as contractors, are able to access units for non-emergency reasons once the required notice has been provided.
Condo corporations are now being recommended to begin planning any required meetings as soon as possible and work with legal counsel to determine by what date they must now hold any delayed AGMs.
How to Plan the Timing of Your AGM
To better understand howthis suspension would affect planning for an AGM, the following timeline may be used as an example:
- The Order came into effect on April 9, 2020.
- In this example, a corporation was required to have its AGM 30 days later (May 9, 2020).
- The timeline for holding meetings was “paused” on April 9, 2020 and remained paused until August 14, 2020.
- The corporation therefore has 30 days after August 14, 2020 to hold its AGM; it must be held on a date before September 13, 2020.
- Because each condominium corporation’s experience will be different, based on when it was required to hold its AGM and possibly additional requirements in its bylaws, corporations are recommended to confirm their obligations for holding any upcoming AGMs with legal counsel.
Social Distancing Considerations
Finally, it is important to remember that condominium corporations will still be required to obey all provincial and municipal restrictions regarding maximum sizes for indoor and outdoor gatherings, physical distancing, and mask-wearing. Currently, gatherings in Alberta remain restricted to 50 people indoors and 100 people outdoors.
Corporations considering online meetings are recommended to check their bylaws and speak to legal counsel.
DBH Law recognizes that there continues to be a concern about the spread of COVID-19. We have implemented several measures to reduce the risk and impact to our employees, clients and the community at large.
Please be aware that we are prepared to initiate business continuity protocol for remote work and communications. It is our priority to ensure business continuity for our clients while ensuring the safety of our people. We recognize that the outbreak of COVID-19 is an unprecedented situation globally and we wish to assure you DBH Law is equipped and prepared to maintain and continue business services to our clients during this pandemic.
At DBH Law in Calgary, our professional and personable team of corporate lawyers regularly advise businesses of all sizes and across all sectors, from emerging businesses to large cross-Canada organizations. We provide a complete range of business and corporate law services as well as effective risk management.
Additionally, the Calgary real estate lawyers at DBH Law have extensive resources available to assist clients in all matters of real estate transactions, including condominium development, management and administration.
For over 25 years, the lawyers and staff of DBH Law have built strong client relationships and provided our clients with responsive and concise legal advice they can trust. We take a pragmatic approach to the law and give our clients practical solutions tailored to their specific business and corporate law needs. Contact us online or by phone at 403.252.9937 to discover how we can help you today.