Can we legally have an AGM on video?
This is a question on a LOT of Strata Council minds right now! With Covid-19 having put most of the world on an economic pause, condo living in a social distanced world must go on, and that means that AGM’s and SGM’s still have to held according to the Strata Property Act! But how can you do it while maintaining social distancing and small groups?
Section 49 of the Strata Property Act allows for electronic attendance at meetings, but only if the strata corporation has a bylaw in place.
Electronic attendance at meetings
49 (1)A strata corporation may, by bylaw, provide for attendance at an annual or special general meeting by telephone or any other method, if the method permits all persons participating in the meeting to communicate with each other during the meeting.
(2)A person who attends a meeting as provided under subsection (1) is present in person at the meeting.
This bylaw is not part of the Schedule of Standard Bylaws, therefore would require a strata to adopt prior to holding the meeting.
What if my Strata Corporation doesn’t have an electronic attendance bylaw in place?
In this case, we would advise that you put one into place prior to the meeting, and at the very least, adopt one at the AGM itself. Best to check with your lawyer prior to doing anything, though, as you don’t want the entire meeting to be challenged and end up being a giant waste of everyone’s time.
Are video AGM meetings here to stay?
Covid-19 and other pandemics we don’t even know about yet will no doubt change the way we operate and function as a society. Rapid adoption of video communication is happening before our very eyes, and is here to stay. Catch the wave, and put these bylaws into place for your strata corporation today. You will likely find that more people will tune in and become engaged in your strata corporation, and you may no longer struggle to make quorum!
Looking for some help running your Strata Corporation’s AGM or SGM. Contact our tech-savy Vancouver based Property Management Company today.