In June 2023, Bill 91 (“Less Red Tape, Stronger Economy Act, 2023”) received Royal Assent. This Act implemented amendments to various pieces of legislation, including the Condominium Act, 1998. On October 1, 2023, the changes relevant to the Condominium Act, 1998 came into force. The primary purpose of the changes was to:

• Facilitate the transmission of notices and other condominium documents virtually; and
• Allow corporations to conduct virtual/hybrid meetings and conduct voting either virtually, in person or in a hybrid form.

The changes did not significantly alter the status quo as there were temporary provisions in effect at the time dealing with electronic meetings. Nonetheless, these changes preserved the rights of condominium corporations to determine how they can hold owner meetings. 

When deciding the meeting format, whether it be an annual general meeting, special meeting, town hall meeting, or requisition meeting, the Board will be tasked with determining the best format for the meeting. Some owners prefer one format over another, so the Board needs to decide how to balance these interests.

When faced with competing owner interests, many condominium corporations choose the virtual format for most meetings and manage the desire for in-person interaction by adding a separate social event that night or the following week to allow for some in-person connection. Others are looking at hybrid meetings. 

Hybrid meetings, if done correctly, offer an excellent opportunity to balance the needs of the community – allowing for accessibility and virtual attendance for those who may not be able to go in person and, at the same time, allowing the in-person option for those who are not comfortable with technology or with virtual attendance and voting. With that said, the term “Hybrid meeting” does not just mean that you place a computer on the table and allow owners who cannot attend in person to observe the meeting through a Zoom link. 

The Condominium Act (Section 45 (8)) states that a meeting of owners held in person or by telephonic or electronic means, or any combination thereof, must enable all persons entitled to attend the meeting to participate reasonably. While reasonable participation is not a defined term, it is my view that this entails allowing the participants to participate in voting and to ask questions during the meeting. Merely placing a laptop on the table would not allow virtual attendees to reasonably participate. 

Managers who receive a request from a condominium corporation to have a hybrid meeting need to carefully consider what is required and consider retaining a service to conduct the hybrid meeting if they need the proper technology to facilitate it.

The key to any meeting is preparation and knowing your boundaries. If you are uncomfortable with a particular format and your condominium wants to use that format, bring in someone else to take care of the meeting logistics. For hybrid meetings, you are essentially running both a virtual and an in-person meeting, so you must keep this in mind when you start booking the meeting. There is no doubt that hybrid meetings are more expensive. However, if a condominium wants to have a hybrid meeting, hybrid meetings can be successful if you are prepared and carefully consider the requirements of the meeting.  

Here are some key considerations for hybrid meetings:

1. Ensure that you book a meeting room that will provide sufficient space for in-person attendees and has the following:
   1. strong wifi / strong cellular signal;
   2. A projector with a screen or large TV; and
   3. Accessibility

2. Determine what platform you will be using for the virtual side of the meeting. Using Zoom without a back-office program is possible, but it will result in much more backend work for management / the meeting provider. The alternative is to consider a back-office platform that will provide for the collection of proxies, registration, and voting during the meeting.

3. Confirm whether you have sufficient technology or if you need to retain a company to provide it. Sufficient technology includes: 

1. 1. A robust camera and microphone (we have been using the OWL, which allows for 360-degree viewing and microphone);
   2. A projector or large television screen;
   3. A computer to run the meeting through a camera, microphone, and large monitor; and
   4. Computers for the live chair and virtual chairs. 

4. At the meeting, you need to ensure:
   1. that you test the technology in advance;
   2. that you have ballots and voting cards for the in-person voting; and
   3. that you have a careful registration process that ensures owners can only vote in one format – a back-office program will assist with this.

5. Lastly, have both a live meeting chair and a virtual meeting chair to streamline the voting process during the meeting.

In summary, hybrid meetings are a great way to balance requests from owners seeking to have meetings in both in-person and virtual formats. However, managers should not be expected to navigate this on their own. Obtaining the necessary background support from third parties to assist in executing the meeting will ensure that owners can reasonably participate in both formats.

Cheryll Wood is an associate at Davidson Houle Allen LLP, and has been practicing condominium law for over ten years. She primarily represents condominium corporations (and other joint-ownership properties). In her practice, Cheryll enjoys helping her clients navigate the intricacies of condominium law along with other relevant legislation.

dhacondolaw.ca

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