Legislative Requirements for Meetings Under the Condominium Property Act (CPA)
The Condominium Property Act (CPA) and Condominium Property Regulation outline the legal requirements for how condominium corporations must conduct meetings. These requirements ensure transparency, fairness, and compliance with Alberta’s laws governing condominiums.
Types of Meetings
Annual General Meeting (AGM): Held once per year to review financials, elect board members, and present reports.
Special General Meeting (SGM): Called when urgent matters require owner approval.
Board Meetings: Regularly scheduled meetings where board members discuss and vote on corporation matters.
Informal Meetings: Non-binding discussions that do not require official notice or voting procedures.
Notice of Meetings
The board must provide proper notice to all unit owners before meetings, including agenda items, voting procedures, and proxy submission deadlines.
Minimum notice periods and specific delivery methods are outlined in the Condominium Property Regulation.
Voting Procedures, Including Quorum Requirements and Unit Factor Voting Calculations
Quorum Requirements
Quorum is the minimum number of unit owners required for a meeting to proceed. If quorum is not met, decisions cannot be made, and the meeting may be adjourned.
The quorum for an AGM or SGM is typically 25% of unit factors, but this will vary based on the condominium’s bylaws.
Unit Factor Voting Calculations
Each unit in a condominium corporation is assigned a unit factor, which determines the weight of the owner's vote in condominium decisions.
Voting power is calculated based on the percentage of unit factors assigned to a unit relative to the entire condominium property.
The majority required for a decision depends on the type of vote (e.g., simple majority, special resolution).
Example Calculation:
If a condominium corporation has 10,000 total unit factors, and an owner’s unit has 2,500 unit factors, that owner’s vote represents 25% of the total vote.
Proxy Voting Regulations and Submission Guidelines
What is a Proxy?
A proxy is a legal document that allows a unit owner to appoint someone else to vote on their behalf at a condominium meeting.
Rules for Proxy Voting in Alberta
Proxies must be in writing and signed by the unit owner.
Proxies must be submitted before the meeting starts, following the deadlines set in the corporation’s bylaws.
Proxies can be limited or general, meaning they can either specify how the vote must be cast or give the proxy holder full discretion.
Proxies provided to the contracted condominium manager are only counted for the purposes of quorum and cannot be used for voting.
For units that are not owned by an individual (e.g., units owned by a business), a member of the board of directors of the owner may represent the unit at a general meeting without requiring a proxy.
Proxies expire either six months after they are signed or when the owner sells their unit, whichever comes first.
The Condominium Property Act states an owner may vote personally or by proxy at a meeting of the corporation, subject to any restrictions in the bylaws. This ensures that owners unable to attend a meeting still have a voice in the decision-making process.
Differences Between In-Person and Virtual Meetings
With advancements in technology, virtual and hybrid meetings have become more common. As of 2021, Alberta legislation requires condominium corporations to hold general meetings either entirely virtual or in a hybrid format, unless the corporation’s bylaws explicitly allow meetings to be held entirely in person.
Key Considerations for Virtual Meetings:
Virtual meetings must comply with quorum, voting, and proxy rules outlined in the Condominium Property Act and Regulations.
The condominium board must ensure that all participants can communicate and vote securely through the chosen platform.
If a corporation’s bylaws do not explicitly allow in-person-only meetings, a virtual or hybrid format must be provided to ensure compliance with provincial regulations.
Meeting notices must include instructions on how unit owners can access and participate in virtual meetings.
