Effective December 20, 2021, the Province extended strata corporations’ ability to hold electronic meetings, without a strata bylaw, beyond December 31, 2021. This new extension will be in effect until December 31, 2022, unless the COVID-19 Related Measures Act is repealed before then. Thus, strata corporations are encouraged to adopt strata bylaws allowing electronic meetings if they wish to continue having that option.
Why is this important?
If you do not have a bylaw permitting remote meetings, you cannot hold electronic meetings after December 31, 2022.
Council Meetings: Most, but not all, strata corporations have a bylaw permitting Council Meetings to be held remotely (telephone, or video conferencing). Following December 31, 2022 (latest), if your strata wants the ability to have Council Meetings electronically, a bylaw must be approved and filed at Land Titles Office.
Check your bylaws to see if action is required.
We encourage all stratas to have a remote Council Meeting bylaw. Wording can be taken directly from the Strata Property Act’s Standard Bylaws which reads:
(1) At the option of the council, council meetings may be held by electronic means, so long as all council members and other participants can communicate with each other.
(2) If a council meeting is held by electronic means, council members are deemed to be present in person.
We also strongly encourage Councils to consider continuing with electronic council meetings post pandemic.
General Meetings (Annual & Special): It is rare for a strata corporation pre-pandemic to have a bylaw that permits remote General Meetings. Following December 31, 2022 (latest), if your strata wants the ability to hold General Meetings electronically, a bylaw must be approved and filed at Land Titles Office.
Although electronic general meetings present their challenges, if done well, they can be an excellent option for some strata corporations. If your strata would like to adopt a remote general meeting bylaw, we recommend having a lawyer draft the wording, as there are quite a few moving parts. Wynford has template wording for review by the strata’s lawyer.
We encourage Councils to contact their strata managers directly with any questions regarding your strata corporation’s ability to hold remote meetings after December 31, 2022, at the latest.