Notice Requirements for Meetings
The Condominium Property Act (CPA) and Condominium Property Regulation (CPA Regulation) establish specific requirements for providing notice of condominium meetings, including annual general meetings (AGMs), special general meetings (SGMs), and board meetings.
Annual General Meeting (AGM) Requirements
The AGM must be held within 15 months of the previous AGM.
Notice must be sent to all unit owners and any eligible mortgagees who have requested notice.
Notice Periods for Meetings
The Condominium Property Regulation, sets minimum notice periods:
Meeting Type | Minimum Notice Required |
Annual General Meeting (AGM) | 14 days before the meeting |
Special General Meeting (SGM) | 14 days before the meeting |
Board Meetings | As specified in the corporation’s bylaws |
Meeting Type | Method of Delivery |
Annual General Meeting (AGM) | Mail, personal delivery, or electronic means |
Special General Meeting (SGM) | Mail, personal delivery, or electronic means |
Board Meetings | As outlined in bylaws; typically mail or email |
What must be included in the meeting notice? Per the CPA Regulation, a meeting notice must contain:
Date, time, and location of the meeting
Proposed resolutions requiring a vote including materials required to properly understand the proposed resolution
Consequences of Not Giving Proper Notice
Failure to provide adequate notice can lead to serious legal and governance consequences.
Legal Challenges to Meeting Validity
If proper notice is not given, an owner or mortgagee can challenge the validity of the meeting in court.
Board decisions made at an invalid meeting may be nullified.
Risk of Board Decisions Being Overturned
If a unit owner proves they did not receive proper notice, any bylaw amendments, special assessments, or financial approvals could be legally reversed.
This can delay projects and increase legal costs.
Loss of Trust and Governance Credibility
Poor notice practices can lead to owner dissatisfaction and complaints.
This may result in low meeting attendance and resistance to board decisions.
A history of improper notice may cause the Real Estate Council of Alberta (RECA) to conduct a compliance review.
Applying Notice Requirements in Meeting Preparation
To ensure compliance, condominium managers must:
Prepare and review the meeting notice at least 14 days in advance (for AGMs and SGMs).
Verify the owner and mortgagee contact list is up to date before sending notices.
Confirm that the method of delivery (mail, email, or personal delivery) complies with the condominium’s bylaws and CPA/CPA regulations.
Keep records of all notices sent.
Example:
A condominium board schedules an AGM for March 25.
The latest date they can send the notice is March 11.
If the notice is sent on March 15, the meeting may be challenged as invalid.
To prevent errors, the condominium manager should send notices earlier than the deadline and retain proof of delivery.
Risks Associated with Non-Compliance
Non-Compliance Issue | Risk |
Failure to give 14 days' notice for an AGM | Owners challenge meeting validity |
Missing required information in notice (e.g., financial statements) | Owners file complaints |
Not keeping records of sent notices | RECA investigates compliance |
Non-Compliance Issue | Impact |
Failure to give 14 days' notice for an AGM | Board decisions may be overturned |
Missing required information in notice (e.g., financial statements) | Delays and legal disputes |
Not keeping records of sent notices | Fines, penalties, or license suspension |
