Virtual Meetings and Record Keeping: The Future of Condominium Governance

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Ontario Regulation 191/23, which takes effect on October 1, 2023, updates several provisions within Ontario Regulation 48/01 concerning condominium management. These amendments aim to enhance clarity, improve communication, and facilitate modern practices in condominium governance.

New definitions for “actual litigation,” “actual or contemplated litigation,” and “contemplated litigation” are introduced to ensure precise legal terminology is maintained in both English and French. Additionally, changes have been made to the requirements for notifying owners about meetings. Notices must now include essential details such as the location, date, time, and nature of the business to be discussed. For meetings conducted via telephonic or electronic means, notices must also provide instructions for attending and voting electronically, reflecting a shift towards accommodating virtual participation.

Updates to record-keeping practices include the requirement for condominium corporations to maintain a record of owners’ and mortgagees’ electronic communication addresses, provided these addresses have been submitted in writing. There are also clarifications on how these records remain valid following any changes to addresses after the regulation comes into effect. Certain outdated sections, such as 11.12 and 12.5 (5), have been revoked to streamline the regulatory framework and eliminate redundancy.

Furthermore, new provisions outline how electronic communication addresses can be used for sending notices to owners and mortgagees. If a corporation has not received a request to stop using a provided electronic address, it can continue to use that address for official communications. The regulation also includes transitional provisions, ensuring that notices of meetings issued before the new rules take effect will still be valid under the previous regulations, helping to avoid confusion during the transition period.

The changes introduced by Ontario Regulation 191/23 are intended to modernize the regulatory framework governing condominiums, reflecting contemporary communication practices, especially the increased reliance on digital tools for participation and record-keeping. This is particularly relevant in a post-pandemic context where virtual meetings have become the norm. Condominium corporations are encouraged to proactively adapt to these new requirements to ensure compliance with the updated regulations. By facilitating clearer communication and enhancing participation methods, the regulation aims to promote better governance practices within the condominium community.

Ontario Regulation 191/23 attempts to align the rules with contemporary needs, this regulation seeks to foster a more inclusive and efficient condominium management environment.

Ontario (191/23) August 5, 2023