Since 2021, electronic attendance and voting at general meetings— Annual General Meeting (AGM) or Special General Meeting (SGM)—have been authorized for all Alberta condos. This allows owners to have their voices heard without leaving their living rooms. Since these new rules came into effect, none of our condos have had to delay starting an AGM due to a lack of quorum—though our excellent communication and organizational skills might also play a part in that. 😉
These changes have raised questions among owners about how voting rights work in a condo community. Whether someone is a seasoned board member or new to the board, it’s important to clearly understand and communicate the voting rights and responsibilities of owners.
Any owner entitled to vote in a general meeting can do so electronically, unless the bylaws state otherwise. This means they are considered present for quorum purposes, even if they aren’t physically at the meeting. So, whether an owner is away on business or simply prefers the convenience of online participation, their vote counts just the same.
The voting strength of each owner is tied to their unit factor, typically determined by the developer and based on the size of the unit. For our AGMs, every unit in attendance, whether in person or virtually, is provided with a ballot listing their unit factor. Except for special resolutions, unit factors are typically only counted during board member elections, as most votes at an AGM are straightforward and can be conducted by a show of hands.
Unless the bylaws state otherwise, each unit will have one representative at the meeting voting in ordinary resolutions or board elections. However, for special resolutions, the unit factors for a unit are split equally among all the unit owners.
While “poll votes” are not explicitly defined in the Condominium Property Regulation other than in Schedule 4, many condo bylaws allow any owner to call for a poll vote on an ordinary resolution, which may require the board to count the unit factors approving the resolution.
In cases where a unit is mortgaged, the first mortgagee has the first right to vote at general meetings. However, it’s rare for mortgagees to exercise this right unless a unit is facing financial distress, such as bankruptcy. Most of the time, the owner remains the active voter.
Owners are expected to pay their condo fees on time, not only for the community’s financial health but also to maintain their voting rights. If a unit falls more than 30 days behind on fees—or the length of time specified in the bylaws—neither the owner nor the mortgagee can vote. However, many legal experts agree that if all condo fees and special assessments have been paid, the owner should retain their voting rights, even if there are other outstanding amounts, such as a bylaw fine.
If you have any questions or need further guidance on voting rights, don’t hesitate to reach out to us at Key Condo Management. We’re here to help you navigate the responsibilities and opportunities of condo ownership.
Very informative