March 2024
Recent changes to the Condo Act affect voting, proxies and quorum for condominium corporations.
Individual Votes to Remain Secret
Regulations now specify that any portion of a ballot or proxy identifying a specific unit does not have to be disclosed.
Proxies
Proxies must use a prescribed form provided by the Condominium Authority of Ontario (CAO). No other forms are allowed. After an election, ballots and proxies must be retained for at least 90 days. If the condominium receives written notice of litigation – actual or contemplated – relating to the election during this period or before they have been destroyed, these records of the corporation must be retained until the litigation is resolved. The records can be destroyed if no litigation is commenced within six months of written notice of litigation being received.
Quorum
Owners’ meetings, including the annual general meeting, require 25 percent of owners to be present for quorum and for votes to be valid. If this threshold is not achieved after two attempts, quorum is reduced to 15 percent of units entitled to vote for subsequent attempts. A higher level may be required to achieve quorum if specified in a corporation by-law.
