June 2023
Quorum is an essential component of condominium governance. For meetings where decisions are to be made, quorum is required before any voting can occur.
In a condominium community environment, quorum traditionally refers to the number of owners representing a certain percentage of units in the condominium corporation who must be present for the meeting either in-person or by proxy. The number is typically 25 percent of corporation owners for an annual general meeting or other meeting with owners. For a condo board meeting, the number is typically just over half of directors. The actual number required for quorum can vary depending on the purpose of a meeting.
When quorum is not met, a meeting is stopped while an attempt is made to obtain quorum. If quorum cannot be reached the meeting must be adjourned. No vote can be taken and no business transacted without quorum.
Since the pandemic and temporary amendments to the Condo Act, quorum has been revised. It currently refers to the number of owners representing a certain percentage of units in the condo corporation who must be present for the meeting either in-person, by proxy, through telephonic or electronic attendance, or electronic voting.
This makes is easier to achieve quorum which can include those voting electronically for matters stated on the meeting notice. Presumably, this change is intended to assist condominium corporations that have difficulty achieving quorum for their annual general meeting.
This makes it easier to achieve quorum which can include those voting electronically for matters stated on the meeting notice. Presumably, this change is intended to assist condominium corporations that have difficulty achieving quorum for meetings.
Proposed amendments to the Condo Act (Bill 91) are intended to make these temporary amendments permanent. They propose to allow electronic meetings without requiring a by-law, allow for all communications to owners without requiring an Agreement to Receive Electronic Notices, and to allow advance electronic voting to count toward quorum.
Unrestricted use of electronic meetings comes with risks. Direct interaction, the ability to ask spontaneous questions and receive spontaneous answers, is more reliable than what occurs in an electronic or virtual environment. Used improperly, it causes more limited participation of owners at meetings while protecting condo boards and management from scrutiny.
Bill 91 has not yet been passed.
