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COVID-19 Bulletin No. 26: The Clock Is Ticking To Book Your AGM
On July 21, 2020, Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (the “Reopening Act”) received Royal Assent, and came into force on July 24, 2020. Pursuant to the Reopening Act, the declaration of emergency in the Province of Ontario officially came to an end on July 24, 2020. Consequently, pursuant to the Reopening Act and Schedule 5 of Bill 190, COVID-19 Response and Reforms to Modernize Ontario Act, 2020 (“Bill 190”), which come into force on March 17, 2020:
- if a condominium corporation was supposed to hold its annual general meeting when the declaration of emergency was in effect (i.e. sometime between March 17, 2020 and July 24, 2020), that condominium corporation has 90 days from July 24, 2020, to hold its annual general meeting; and
- if a condominium corporation was supposed to hold its annual general meeting within 30 days of July 24, 2020, which was when the declaration of emergency ended, that condominium corporation has 120 days from July 24, 2020, to hold its annual general meeting.
Pursuant to Schedule 5 of Bill 190, condominium corporations without an electronic meeting/electronic voting by-law can hold:
- in-person annual general meetings provided that no more than 50 people are in attendance, physical distancing is maintained all times and all other health and safety requirements are complied with.
- virtual annual general meetings (with electronic voting) until November 21, 2020; and/or
- hybrid in-person/virtual annual general meetings (with electronic voting) until November 21, 2020, provided that for the in-person portion of the meeting no more than 50 people are in attendance, physical distancing is maintained all times and all other health and safety requirements are complied with.
We encourage every condominium corporation to reach out to their property manager, solicitor and auditor as soon as possible in order to secure their attendance at the condominium corporation’s upcoming annual generally meeting, as it is presumed that these professionals will receive a flood of attendance requests in the coming weeks.
If you have any questions, please do not hesitate to contact anyone on our team:
Richard Elia |
1-866-446-0811 ext. 801 |
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Patricia Elia |
1-866-446-0811 ext. 802 |
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Antoni Casalinuovo |
1-866-446-0811 ext. 808 |
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Ashley Winberg |
1-866-446-0811 ext. 806 |
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Megan Molloy |
1-866-446-0811 ext. 805 |
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Victor Yee |
1-866-446-0811 ext. 810 |
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Jonathan Wright |
1-866-446-0811 ext. 603 |
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Julia White |
1-866-446-0811 ext. 824 |
All of the information contained in this article is of a general nature for informational purposes only, and is not intended to represent the definitive opinion of the firm of Elia Associates on any particular matter. Although every effort is made to ensure that the information contained in this newsletter is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.
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