Comparing Annual General Meetings (AGM) and Special General Meetings (SGM)
Annual General Meeting (AGM)
Definition: A mandatory meeting held annually to review financial reports, elect board members, and update owners on condominium affairs.
Timing: Must be held within a specific timeframe as required under the CPA.
Agenda Items: Financial reports, reserve fund updates, election of board members, and other required disclosures.
Special General Meeting (SGM)
Definition: A meeting convened outside the normal AGM schedule to address urgent matters requiring owner approval.
Common Reasons for SGMs:
Bylaw amendments.
Major financial decisions (e.g., special levies).
Board member removals or vacancies.
Legal disputes.
Key Differences Between AGMs and SGMs
AGMs are required annually, while SGMs are called as needed.
AGMs cover standard governance matters, whereas SGMs focus on specific, time-sensitive issues.
Different notice periods and procedural rules apply.
Notice Requirements for AGMs and SGMs
Minimum Notice Periods
AGM: Must be scheduled within the CPA-mandated timeline and notice must be provided in advance.
SGM: Notice periods may vary depending on the reason for the meeting.
Contents of a Legally Compliant Notice
Date, time, and location of the meeting.
Meeting agenda and purpose.
Voting procedures and quorum requirements.
Methods of Distribution
Hand-delivered notices.
Electronic notifications (if allowed under bylaws).
Mail or posted notice in a conspicuous location.
Potential Consequences of Failing to Meet Notice Requirements
Meetings may be invalidated.
Unit owners could challenge decisions.
Legal liability for the board and condominium manager.
Key CPA Provision on Meeting Notices
According to the Condominium Property Act, proper notice must be given to all unit owners before an AGM or SGM.
Applying CPA Regulations to Meeting Notice
Compliance
Reviewing a Sample Meeting Notice
Checking for compliance with CPA-mandated content and timeline requirements.
Ensuring the correct method of distribution was used.
Common Issues Leading to Non-Compliance
Insufficient notice period.
Missing required information (e.g., agenda items, location).
Notices not properly distributed.
Steps to Correct Non-Compliant Meeting Notices
Issuing a corrected notice before the meeting date.
Rescheduling the meeting to ensure compliance.
Communicating corrections to unit owners.
Legal and Governance Implications
Boards and managers may be held accountable for non-compliance.
Invalid meetings may lead to disputes or financial liabilities.
