January 2019
Is it discrimination when a mandated condo meeting is set for a religious holiday?
Certain condo meetings such as the Annual General Meeting (AGM) or special owners’ meetings require a majority of owner votes for resolutions or by-laws to pass. It is in the interest of condo corporations that such meetings be scheduled for dates when most can attend.
There are times perhaps through ignorance, mistake or practicality when these meetings may be scheduled during religious holidays. This is unlikely to be discriminatory unless there has been a history of scheduling such meetings on religious holidays.
When required meetings are scheduled typically there is an information package distributed to condo owners that includes a voting proxy. Completing and submitting the proxy ensures your vote is counted. This requirement of the Condo Act ensures that a legally required vote represents the interests of the majority who choose to vote.
Courts have ruled that the ability of condo owners to participate in owners’ meetings by way of proxy, instead of appearing in person, is a reasonable accommodation.
Those unable to attend for religious reasons are not disadvantaged since they can vote on resolutions or by-laws without infringement of religious beliefs.
