Statutory Requirements for Notifying Unit Owners
The CPA and Condominium Property Regulation set strict requirements for how and when condominium corporations must notify unit owners about the AGM.
Notice Period: The notice must be received at least 14 days before the AGM.
Delivery Methods: Notices can be delivered by mail, hand delivery, or electronic means (if permitted by the corporation’s bylaws).
Mandatory Information: The notice must include:
Date, time, and location of the AGM.
Meeting agenda.
Financial statements and auditor’s report (if required).
Voting procedures and quorum requirements.
Drafting a Legally Compliant AGM Notice
To draft a compliant AGM notice, condominium managers should:
Use clear, formal language and ensure accuracy in meeting details.
Include all required documents (e.g., financial statements, proposed bylaw changes).
Follow the corporation’s preferred method of distribution as outlined in its bylaws.
Verify that proxy voting procedures are properly explained, if applicable.
Example of a Proper AGM Notice:
Subject: Notice of Annual General Meeting
Date & Time: [Insert Date] at [Insert Time]
Location: [Insert Location] or Virtual Meeting Link
Agenda:
Call to order
Approval of previous minutes
Presentation of financial statements
Election of board members
New business
Attachments: Financial reports, voting instructions, proxy forms
By following these best practices, condominium managers can ensure compliance and reduce the risk of legal disputes.
Analyzing Common Errors in AGM Notices
Even minor errors in AGM notices can invalidate the meeting or lead to legal disputes. Common mistakes include:
Providing less than 14 days’ notice, making the meeting non-compliant.
Omitting financial statements, which prevents owners from making informed decisions.
Failing to include proxy voting details, which could disenfranchise owners.
Sending notices using an unapproved delivery method, such as verbal notice or social media posts.
Case Study:
Condominium owners received an AGM notice only 10 days before the meeting instead of the required 14 days. As a result, an owner challenged the meeting’s validity, and the board was required to reschedule the AGM—delaying important decisions and increasing legal costs.
By carefully reviewing AGM notices, condominium managers can prevent these costly errors and ensure the meeting is conducted in compliance with CPA requirements.
