Service of Notices – Who, What, and How?
Required Service Methods under the Condominium Property Act
The Condominium Property Act establishes guidelines for the delivery of notices and documents that must be served to the condominium owners, mortgagees, and other stakeholders.
Who Needs to Receive Notices?
Unit owners: They must receive notices such as bylaw amendments, notices of meetings, and contribution changes.
Mortgagees: General meeting notices must be provided to mortgagees who have given the condominium corporation written notice they want to be notified.
Condominium corporation: Notices regarding disputes or claims must be served on the corporation’s designated agent or address for service.
What Documents Require Service?
The Condominium Property Act outlines several documents that must be formally served:
Annual General Meeting (AGM) Notices – Must be received by owners at least 14 days before the AGM.
AGM Meeting Minutes – Must be provided to owners within 60 days after the AGM.
Operating Budgets – Must be delivered to owners at least 30 days before the AGM.
Insurance Certificates – Must be provided within 30 days of a coverage change.
Condominium Rules – Must be delivered to owners or posted in a common area at least 30 days before they take effect.
Notice of Entry – Must be given to owners at least 24 hours in advance, unless the condominium bylaws specify a longer notice period.
Bylaw Violation Notices – Must provide owners with at least 3 days to respond before further enforcement action is taken.
How to Serve Notices?
The Condominium Property Act prescribes the following methods of service:
Personal Service: Directly handing the notice to the recipient.
Mail Service: Sending notices to the last known address via regular or registered mail; mailed notices are not considered received by the recipient until 7 days after they are sent.
Electronic Service: Where permitted, notices may be served electronically, such as by email; emailed notices are not considered received by the recipient until 24 hours after they are sent.
Electronic vs. Mail Service Considerations
A. Mail Service
Advantages: It is a well-established and commonly accepted method for serving documents.
Disadvantages: Potential for delays, lost mail, or the recipient not receiving the notice.
Proof of Service: A receipt or return confirmation should be obtained for registered mail to provide evidence of service.
B. Electronic Service
Advantages: Faster and more cost-effective, especially for regular updates or notices.
Disadvantages: Only permissible if the unit owner or mortgagee has consented to receiving notices electronically.
Proof of Service: Email services should ensure read receipts or other confirmation that the notice was delivered and received.
Under the Condominium Property Act, electronic service is allowed with the recipient's consent and must comply with the rules for providing proof of service.
Best Practices for Service Compliance
Maintaining Proof of Service Records
To ensure that the condominium corporation is protected in case of disputes, it is essential to maintain proper records of service. Best practices include:
Keeping a log of served documents, including dates and methods of service.
Using registered mail or email confirmations for proof of receipt.
Retaining copies of all served documents and proof of service receipts in the condominium's records.
Managing Disputes Regarding Improper Service
Disputes may arise if a party claims they did not receive a notice or document. In such cases:
The condominium corporation must demonstrate proof of service through mail receipts, delivery confirmations, or electronic records.
The condominium manager should attempt to resolve the dispute by ensuring that the correct address or contact information is on file for the party involved.
Enforcement of Service Requirements
Legal Consequences for Failing to Serve Notices Properly
Failure to serve notices properly can have serious consequences for the condominium corporation, including:
Delays in legal proceedings if the service of important legal notices (e.g., caveats, disputes) is not completed in a timely manner.
Invalidation of decisions made at board meetings or annual general meetings if proper notice procedures were not followed.
Legal challenges from owners or third parties claiming they were not properly notified.
Defending Against Disputes Related to Service Failures
In the event of a dispute:
Document retention is critical: If a dispute arises regarding whether a notice was properly served, the condominium manager must produce records showing the notice was delivered.
Timely action: If an issue is identified early, the corporation should resolve it immediately, whether by re-sending the notice, correcting the delivery method, or taking other corrective measures.
Case Study: Evaluating a Mortgagee Request Scenario for Document Access
Scenario:
An owner disputes a fine for failing to comply with a bylaw due to improper service. The owner claims they never received the notice of violation. The condominium manager must evaluate whether the notice was properly served and if the service methods followed legal requirements.
Instructions:
Determine whether the correct service method (personal, mail, or electronic) was used.
Assess the proof of service documentation that was kept.
Discuss how the board can address the owner's concerns while ensuring compliance with service requirements.
