Notice and Agenda Requirements for AGMs and SGMs
Annual General Meetings (AGMs) and Special General Meetings (SGMs)
Under Alberta's Condominium Property Act (CPA) and Condominium Property Regulation, condominium corporations are required to hold an Annual General Meeting (AGM) at least once per year. Special General Meetings (SGMs) may be called as needed for urgent matters requiring owner approval.
Notice Requirements
Written notice of AGMs and SGMs must be provided to all unit owners.
The notice must include:
The date, time, and location of the meeting.
A detailed agenda listing topics to be discussed.
Voting procedures and instructions on proxy submission.
Financial reports (for AGMs).
Timeline for Meeting Notices
The minimum notice period for an AGM is 14 days before the meeting date. The corporation's bylaws may have a longer notice period.
For SGMs, notice requirements vary based on the corporation’s bylaws but typically follow similar timelines.
Meeting Procedures and Rules for Discussion, Voting, and Decision-Making
Conducting the Meeting
Condominium meetings must follow structured procedures to ensure fairness and compliance with Alberta legislation.
1. Establishing Quorum:
A minimum percentage of unit factors must be present in person or by proxy for the meeting to proceed.
Quorum requirements are typically 25% of unit factors but may vary based on the condominium’s bylaws.
2. Rules for Discussion:
The chairperson (typically the board president) leads the meeting.
Participants must be given the opportunity to speak on agenda items.
Discussions should be kept relevant to the agenda and follow parliamentary procedure if required by the bylaws.
3. Voting Procedures:
Decisions at AGMs and SGMs require a majority vote, unless a special resolution (e.g., amending bylaws) is required.
Votes are based on unit factors, not by show of hands.
Proxy votes must be counted, but proxies held by the condominium manager are only counted for quorum.
4. Special Resolutions:
Some decisions, such as amending bylaws or disposing of common property, require a special resolution, meaning at least 75% of unit factors must approve.
Record-Keeping and Documentation Compliance
Meeting Minutes
Minutes must be taken at every AGM and SGM.
They must accurately record:
The date, time, and location of the meeting.
Names of board members present.
Key discussion points and decisions made.
Voting results, including unit factors counted.
Retention of Meeting Records
Meeting minutes must be kept on file and made available to owners upon request.
The Condominium Property Act requires corporations to keep minutes as part of their official records.
Failing to maintain proper records can result in legal challenges and penalties from regulatory authorities.
Procedural Checklist for Conducting a Legally Compliant Condominium Meeting
Before the Meeting:
Prepare and distribute the meeting notice at least 14 days in advance.
Confirm quorum requirements based on unit factors.
Prepare an agenda with all discussion items.
Ensure proxy forms are available and properly submitted.
During the Meeting:
Call the meeting to order and confirm quorum.
Follow the agenda to ensure all required topics are addressed.
Record all votes and resolutions accurately.
Allow unit owners to speak while maintaining order.
After the Meeting:
Finalize and approve the meeting minutes.
Distribute the minutes to unit owners and make them available upon request.
Ensure resolutions are properly documented and acted upon.
