Condominium Owners' Meetings in Ontario: AGMs, Requisitions & Turnover

Introduction

Condominium owners’ meetings are formal gatherings of all unit owners to discuss and decide important condo matters. These differ from board meetings, which involve only the elected directors and are generally not open to owners. Owners’ meetings carry legal significance in Ontario — they are the forum where critical decisions are made (e.g. electing the board, approving bylaws, removing directors) and where owners exercise their voting rights in the governance of the condominium. The Condominium Act, 1998 (Ontario) (the “Condo Act”) and its regulations (O. Reg. 48/01) impose strict requirements on how owners’ meetings must be called, conducted, and recorded, making compliance essential to avoid invalid decisions or legal challenges. This pillar article provides an in-depth, Ontario-specific guide to owners’ meetings, covering all key types of meetings, notice and quorum rules, voting procedures, minute-taking, common legal pitfalls, and FAQs — all grounded in the Condo Act and best-practice recommendations. (Note: This guide focuses on owners’ meetings under Ontario law and does not cover condo board meeting rules.) Types of Owners’ Meetings in Ontario Condos Owners’ meetings in Ontario condos generally fall into four main categories, each with unique legal requirements and purposes: Annual General Meetings (AGMs), Owner-Requisitioned Meetings, Special Owners’ Meetings, and Turn-Over Meetings. All of these are meetings of the unit owners (as opposed to board meetings) and thus must follow the Condo Act’s provisions for owners’ meetings. Below we define each type and outline their statutory and best-practice requirements.

Annual General Meetings (AGMs)

The Annual General Meeting is a yearly owners’ meeting required by law. Under Condo Act section 45(2), every condominium corporation must hold an AGM within six months after the end of each fiscal year (and the very first AGM must be held within 3 months of the condo’s registration). AGMs are the primary forum for regular condo governance: the board reports on the corporation’s financial health, presents the audited financial statements and auditor’s report, and owners can discuss any issues relevant to the condo’s affairs (owners have the right at an AGM to raise for discussion any matter relevant to the condo). Typical AGM business includes electing or announcing directors, appointing the auditor for the coming year, and updating owners on major projects or issues. An AGM is legally important because certain decisions (like electing the board or confirming bylaw changes) can only be made at an owners’ meeting of this nature. Notice and Agenda: The AGM must be properly noticed with a Preliminary Notice and a Notice of Meeting (detailed in the next section). The notice package for an AGM will include the meeting agenda and any specific matters to be voted on, the condo’s financial statements and auditor’s report, and the names of candidates for any board positions up for election (along with mandated candidate disclosure statements). At the AGM, while formal votes can only occur on items disclosed in the notice, owners may still ask questions or discuss other matters of concern during the open forum portion (per Condo Act s.45(3)). Importantly, no vote can be taken on any item that was not disclosed in the notice of meeting (except for routine procedural motions) — meaning you cannot “surprise” owners with a substantive vote at the AGM without prior notice. Quorum: For an AGM to proceed, a minimum number of owners must be represented (in person or by proxy). By default, quorum is achieved when owners of at least 25% of the units are present at the start of the meeting. If quorum isn’t met at the first attempt, Ontario law provides a mechanism to hold adjourned meetings with a reduced quorum: after two failed attempts to meet 25%, the quorum drops to 15% of units on the third (and any subsequent) attempt. (This reduced quorum rule applies to AGMs, turnover meetings, and certain election meetings, but notably does not apply to meetings for removing a director or auditor — those continue to require 25%.) Owners attending electronically (e.g. via teleconference or virtual meeting) or by telephone count as present, and even owners who vote in advance (if the corporation offers advance or proxy voting) are considered “present” for quorum purposes. In practice, if an AGM fails to meet quorum, it is typically adjourned to a later date (often a week or two later) and re-attempted; by the third meeting attempt the threshold may drop to 15% as noted. It’s crucial for condo boards to calculate quorum correctly — miscalculating the number of units needed or who counts (each unit counts as one, not each owner, and ineligible voters still count towards quorum if present) can lead to an improperly constituted meeting. Voting and Business: At AGMs, owners vote on a variety of matters — elections of directors, appointment of the auditor, and any other resolutions on the agenda. Voting can be conducted by a show of hands or by ballot (including electronic/telephonic voting), and owners may vote either in person or by proxy (using the mandatory proxy form). Each unit typically gets one vote (even if co-owned by multiple people), and only owners in good standing (no arrears of common expenses 30 days or more) are entitled to vote on most matters. (If an owner owes condo fees for 30+ days, they cannot vote until the arrears are paid, although they may still attend and count toward quorum.) We cover detailed voting rules in a later section, but it’s worth noting here that the Condo Act allows condos to conduct owners’ meetings by electronic or hybrid means — virtual AGMs are permitted unless the corporation’s bylaws prohibit it. Many condos now hold AGMs virtually or in a hybrid format, which is legally valid in Ontario so long as owners have a fair and reasonable opportunity to participate, vote, and communicate. For a practical step-by-step guide to running an AGM, see how to conduct a condo AGM in Ontario.

Owner-Requisitioned Meetings

An owner-requisitioned meeting (often just called a “requisition meeting”) is a special owners’ meeting that must be called by the board at the request of the owners, rather than at the board’s own initiative. Section 46(1) of the Condo Act gives owners the right to force the calling of a meeting, provided that the request (the “requisition”) is signed by owners of at least 15% of the units who are entitled to vote. In other words, if a sufficiently large group of owners want to discuss or vote on a particular issue, they can compel the board to hold a meeting on that issue. Common reasons for owner-requisitioned meetings include: removing one or more directors and electing replacements, voting on a proposed rule or by-law amendment, or raising any pressing issue about the condo’s management or direction. Owners cannot use a requisition to overturn every board decision (many board decisions are not subject to owner approval), but they can use it to trigger discussions or non-binding votes to express owner sentiment, and in certain cases to approve or reject specific matters the Act permits owners to decide (for example, owners can requisition a meeting to vote on new rules the board has made, or even on terminating the condo after substantial damage, etc.). Requisition Process: To initiate a requisitioned meeting, owners must follow a set process set out in the Act. The requisition must be in writing and state the nature of the business for the meeting (i.e. the topics to discuss or specific resolutions to vote on). All those topics must be ones that owners can properly consider (for instance, removing a director or discussing a community issue). If removal of directors is a goal, the requisition should name the directors targeted for removal and give brief reasons, and it should note if any of those directors hold positions reserved for owner-occupants (because that affects voting, as explained below). The requisition must be signed by owners of at least 15% of the “voting units”. “Voting units” generally means all units entitled to vote — owners who have lost their vote due to arrears cannot be counted toward the 15%. (For example, if the condo has 100 units, at least 15 units’ owners must sign, and those units must be in good standing.) Owners can gather signatures on a single document or in counterparts; electronic signatures are acceptable as long as they meet Ontario’s Electronic Commerce Act requirements. It’s wise to use a requisition template and a signature collection sheet (the CAO provides templates) to ensure all required information is included. Once owners have the requisite signatures, the requisition must be delivered to the corporation — typically by personal delivery or registered mail to the condo’s president or secretary, or to the condo’s official address for service. The timing of delivery is important; the Act doesn’t require advance notice to the board beyond delivering the requisition itself. Upon receiving a valid requisition, the board has essentially 5 days to respond and begin organizing the meeting. Board’s Duties on Requisition: When a board receives an owners’ meeting requisition that meets the 15% threshold and other requirements, it must take action promptly. The board has two options under the Condo Act: (a) if the requisition requests that the matter be dealt with at the next AGM and that AGM is scheduled within 35 days, the board can opt to put the requisitioned business on the AGM agenda; otherwise (b) the board must call a separate owners’ meeting within 35 days of receiving the requisition. In practice, most requisitions demand a meeting as soon as possible, so the board is obligated to call and hold an owners’ meeting no later than the 35th day after the requisition was delivered. The Act also imposes specific notice requirements in this scenario (which override the usual notice periods): within 5 days of receiving the requisition, the board must send out the Preliminary Notice of Meeting to all owners. This preliminary notice will inform owners that a requisitioned meeting is coming, and it should include the purpose/topics of the meeting as described in the requisition (the Act’s section 45.1 and related regulations list the required content for preliminary notices). Then, at least 15 days before the meeting date, the board must send the formal Notice of Meeting to all owners. For requisitioned meetings, the Notice of Meeting has some special content requirements: it must include all the standard details (date, time, place/format and how to join, agenda items) plus a copy of the owners’ requisition itself and any relevant attachments (e.g. proposed new rule or by-law text if those are being voted on). If the meeting will discuss changes to the declaration, by-laws, rules or agreements, copies of those proposed changes must also accompany the notice. In short, owners should get full information about what the requisitioners are asking for. (Notably, if the requisition is for removal of directors, the notice will typically also include information on running for the board, since if removal is successful, elections for new directors will be held at the same meeting.) If the board fails to take these steps — for example, if it ignores a valid requisition or refuses to call the meeting — the Condo Act allows the requisitioning owners themselves to call and hold the meeting. Owners must wait at least 35 days from the requisition before doing so (to give the board its window to act); after that, the requisitionists can call the meeting at the corporation’s expense, and the corporation (or its directors personally) may be on the hook to reimburse the reasonable costs incurred by owners in doing so. In an extreme case of board intransigence, owners can also seek an order from the Condominium Authority Tribunal or the court, but usually the self-help of calling the meeting (and potentially recovering costs) is sufficient leverage. Bottom line: ignoring a valid requisition is a serious mistake for a board (see Common Mistakes below). Voting and Outcomes: At an owner-requisitioned meeting, the business will be as specified by the owners’ petition. Two of the most common scenarios are removing a director and voting on a rule. The voting thresholds for these are set by law. To remove a director from the board before their term expires, more than 50% of all the voting units in the corporation must vote in favor of removal. This is a important distinction: it’s not just a majority of those present at the meeting — it must be over half of all owners in the condo corporation. For example, if there are 100 units, at least 51 units (by their owners or proxies) must vote yes to remove a director. This high threshold protects directors from being removed by a small turnout. (If the condominium has a by-law providing that one or more board positions are reserved for owner-occupiers, and the director being removed was elected exclusively by owner-occupiers, then only owners who occupy their unit get to vote on that removal, and a majority of those owner-occupied units is required. See Condo Act s.51(6) for details — essentially the same >50% threshold but applied to a subset of units in that special case.) For a rule or policy change, typically a simple majority of owners at the meeting can carry or veto the rule. For instance, if the board makes a new rule (say about pets or amenities), owners have 30 days to requisition a meeting to vote on it. At that meeting, a majority of those present by vote can reject the rule (otherwise it stands). Other topics may have their own thresholds — e.g. a changes to common elements or assets above a certain threshold might need 66⅔% of owners to approve, and a termination of the condominium requires 80% or more (these are outside the typical requisition scenario, but owners could requisition a discussion on them). Always check the Condo Act’s specific provisions for the subject in question to know the required vote. It’s worth noting that even if owners cannot directly overturn a decision (for example, owners generally cannot veto a contract the board signs, or force the board to take a specific action unless the Act provides for an owner vote on that matter), a requisitioned meeting can still be useful. It gives owners a venue to air concerns and put non-binding resolutions forward. A non-binding vote (essentially a straw poll) can be held to gauge owner sentiment on an issue. While not legally forcing the board, such votes can pressure the board to change course or at least formally record the owners’ concerns in the minutes. Special Owners’ Meetings Aside from AGMs and owner-initiated meetings, a condo board may sometimes call a special owners’ meeting (also referred to simply as a “meeting of owners”) to deal with specific business that arises between AGMs. “Special meeting” is a catch-all term for any owners’ meeting that isn’t an AGM, turnover, or requisitioned meeting. These meetings are convened by the board of directors when necessary. Common examples include: a meeting to approve a new or amended condo by-law, a meeting to present and vote on a significant change to common elements or services (if required under s.97 of the Act), a meeting to remove and replace a director initiated by the board itself (rather than by owners’ requisition), or a meeting to discuss any urgent matter with owners and perhaps hold a vote (for example, a one-time special assessment or changing the condo’s name). Special owners’ meetings are subject to the same notice, quorum, and voting requirements as other owners’ meetings. This means the board must issue a Preliminary Notice and Notice of Meeting (with the prescribed lead times and contents) just as they would for an AGM. The agenda for a special meeting is typically narrower, focusing only on the matter at hand (e.g. “Vote on confirming By-law No. 5 — Use of Electronic Voting” or “Discussion of Proposed Lobby Renovation”). No other business should be decided outside what’s on the notice. For instance, if a special meeting is called to approve a new by-law, the board cannot spring additional votes on the owners that weren’t disclosed (again, no surprise votes rule applies). One key difference with special meetings is quorum reduction may not apply in some cases: The Condo Act’s reduced 15% quorum on third attempt is not available for meetings “to remove a director or auditor or any other meeting of owners” beyond those for electing directors or holding an AGM. In other words, if a special meeting’s sole purpose is, say, to remove a director, the corporation cannot benefit from the reduced quorum rule — they must hit 25% quorum no matter how many attempts, or else that meeting cannot proceed. (This is a protective measure to ensure significant actions like removals aren’t done with a very small fraction of owners.) For most other special meetings, however — such as by-law approvals or informational meetings — if it’s essentially like any other owners’ meeting, the reduced quorum on third try would likely apply. Boards should check the Act or get legal advice if unsure, but the safest course is always to work hard to meet the normal 25% quorum. The voting thresholds at a special meeting depend on the business: confirming a new by-law, for example, generally requires a majority of all owners in the corporation (50%+1 of all units) unless the by-law is one of the types for which the regulations now allow a lower threshold. (Recent changes permit certain administrative/governance by-laws to pass with a majority of votes cast at a meeting, but unless you’re sure your case falls under that, assume majority of all owners is needed for by-laws.) A meeting to approve a substantial change (per s.97 of the Act) might need a higher threshold (e.g. 66⅔% of owners). On the other hand, if the meeting is just advisory, no formal vote threshold applies. The Notice of Meeting should specify what type of resolution or vote will be held so owners know the stakes (ordinary resolution, by-law confirmation, etc.). In practice, special owners’ meetings are less frequent than AGMs or requisitioned meetings, but they are an important tool. Boards should call owners’ meetings when required by law (for example, the Act might require an owners’ meeting to address a specific issue like removing an auditor or approving a merger with another condo) or when it’s in the corporation’s interest to seek owner approval or input on a major decision outside the regular AGM cycle. Always follow the same notice and procedural rules as any owners meeting to ensure decisions from a special meeting are legally valid.

Turn-Over Meetings

A turn-over meeting is a one-time special owners’ meeting that marks the transition of control from the condo developer (declarant) to the owners-elected board. This meeting is only applicable to new condominiums (typically within the first year or two after construction and sales). Under Condo Act section 43, the developer’s board (the interim board often appointed by the declarant) must call a turn-over meeting once the developer no longer owns a majority of the units in the condo corporation. The timing is strict: the meeting must be called within 21 days of the declarant losing majority ownership, and the meeting itself must be held within 21 days after it’s called. This effectively means the turn-over meeting will occur no later than 42 days after the developer crosses below 50% ownership. In many cases, this happens when the developer has sold enough units to the public such that it retains less than 50% (some condos schedule turnover when the developer hits 25% ownership or a similar milestone depending on the declarant’s pace of selling units). The purpose of the turn-over meeting is to transfer management of the condominium to the owners. At this meeting, the owners for the first time get to elect their own board of directors, replacing the board that was appointed by the developer. It’s a foundational moment in the condo’s governance. Additionally, the developer (declarant) is legally required to hand over a package of vital documents and records to the new board at or by this meeting — hence the name “turn-over.” Documents Turned Over: The Condominium Act and s.43 specifically list a range of items the declarant must provide. At the meeting itself, the declarant is expected to deliver: the corporate seal (if any) and minute book of the corporation, all existing condo records, the declaration, by-laws and rules, any management or other agreements involving the condo, all policies or warranties, and so on. Essentially, everything the new owner-elected board needs to run the corporation going forward. Some documents can follow shortly after: within 30 days after the meeting, the developer must hand over all financial records and statements of the corporation and of the developer relating to the condo’s operation from the date of registration onwards, any existing reserve fund studies, and the most recent Disclosure Statement given to purchasers. Within 60 days after the meeting, the declarant must provide audited financial statements from the incorporation date to the turn-over date (this covers the developer’s period managing the condo’s finances). Failing to turn over any of these items is an offence — developers can face legal action or fines for non-compliance. New boards should verify they’ve received everything listed in Condo Act s.43(4)-(6) and O. Reg 48/01, and take legal action if the declarant delays or withholds anything. Conduct of Meeting: The meeting itself functions like an AGM in many respects, with the critical difference that all positions on the board are up for election (since this is the first owner-elected board). Owners will elect the board of directors from among eligible candidates (typically, candidates may be nominated from the floor or in advance; the Condo Act has eligibility criteria for directors and disclosure obligations, which apply here just as at any election — see s.51). Often, the interim (developer-appointed) board or property manager will chair the meeting just until a new chair (usually one of the owners or new directors) is elected or appointed for the meeting. Once the new board is elected, the developer’s board effectively steps down. Quorum and Voting: Quorum for a turn-over meeting is the same default as an AGM: owners of at least 25% of units must be present (in person or by proxy) to hold the meeting. If the first attempt fails, the 15% third-attempt rule applies here as well. In practice, turn-over meetings often achieve quorum because new owners are eager to take control. Voting is done by unit (one vote per unit, with the usual eligibility rules — owners in arrears 30+ days cannot vote, etc.). Proxies can be used if owners cannot attend. The Act allows turn-over meetings to be held electronically or by hybrid means too, unless prohibited by by-law (the pandemic amendments made this possible), so developers and owners could agree to a virtual turnover meeting if needed — the key is that it happens by the deadline. It’s recommended that an impartial third party (such as an auditor or professional chair) oversee the elections at a turn-over meeting, since the developer’s influence should formally end at this point. After the meeting, the newly elected board should ensure that all turn-over documents and finances are in order, and they may choose to conduct an independent performance audit of the building (engineers’ report) and an audit of the financials to date, as permitted by the Act, to hold the declarant accountable for any deficiencies in construction or budget shortfalls. (For more on what happens after the turn-over meeting — e.g. warranty claims and first-year reserve fund matters — see related resources or our legal compliance article.) Notice Requirements for Owners’ Meetings Proper notice is the cornerstone of a legally valid owners’ meeting. The Condo Act (s.45.1 and s.47) and Ontario Regulation 48/01 lay out strict notice requirements, introduced in the 2017 amendments to ensure owners are well informed. In Ontario, every owners’ meeting (whether an AGM, special meeting, requisitioned meeting, or turn-over meeting) generally requires two notices to owners: a Preliminary Notice of Meeting followed by a Notice of Meeting. Here’s what you need to know:

• Preliminary Notice of Meeting (“Pre-Notice”) — This is an advance notice that a meeting is upcoming. It must be sent out at least 20 days before the later Notice of Meeting is sent. The preliminary notice’s purpose is to give owners a heads-up and to solicit input where required. By law, the pre-notice must include key information such as: the projected date of the meeting, the purpose of the meeting (e.g. annual general meeting, or owners’ meeting to vote on X), and instructions for owners on certain contributions. For example, if board elections will occur, the preliminary notice will invite owners to submit their names as candidates for director positions and set a deadline for doing so (so that their names can be included in the formal notice). It might also invite owners to propose any discussion topics or raise any new business in advance, or to submit statements (though the Act has limits on including owner-submitted agenda items). The exact content required in a Preliminary Notice is enumerated in the regulations and varies with the type of meeting — e.g., for an AGM, it will mention the positions up for election, how to become a candidate, that owners may submit issues to the board to include on the agenda, etc. The CAO provides mandatory pre-notice forms that prompt all the required content. Best practice: Send the preliminary notice as early as feasible (minimum 20 days before the Notice, which itself will be at least 15 days before the meeting, meaning at least ~35 days before the meeting). This gives owners ample time to respond — for instance, to indicate they want to run for the board or to suggest agenda items.
• Notice of Meeting — This is the formal notice that actually convenes the meeting. It must be in writing and sent at least 15 days before the date of the meeting (the Condo Act specifies “at least 15 days prior” not counting the meeting day). The Notice of Meeting contains all the essential details owners need: the date, time, and location of the meeting (or instructions for joining electronically, if a virtual or hybrid meeting); the format (in-person, teleconference, video conference, or hybrid); and the agenda/business items to be presented and voted on. Importantly, the notice should clearly set out each resolution or election to be conducted. If any votes are to occur — e.g. election of directors, removal of a director, a by-law confirmation, a rule rejection, etc. — those must be explicitly disclosed in the notice. No substantive vote can occur on a matter that wasn’t listed in the notice (aside from routine procedural motions like approving the agenda or adjourning). The Notice of Meeting package will also include any relevant documents: for an AGM, the annual financial statements and auditor’s report must be attached; for an election, the candidate disclosure forms for all known candidates should be included; for a meeting to approve a by-law or rule change, a copy of the proposed by-law or rule; for a removal vote, possibly statements from concerned owners or from the director involved, etc. The Act and O. Reg 48/01 actually prescribe many of these inclusions. In sum, the Notice is the comprehensive packet telling owners everything that will be discussed or decided. Ontario also introduced prescribed mandatory Notice of Meeting forms — condo corporations must use the mandated form (or an exact copy of it) for this notice. The forms ensure that all required content is present (date, place, text of resolutions, etc.). Failing to use the mandatory form can invalidate the notice, so condos should download the latest form from the CAO.

Delivery Methods: Notices (both Preliminary and Meeting notices) must be delivered in ways allowed by the Act. Acceptable methods include postal mail, personal delivery, or electronic delivery (email). Electronic delivery is permitted by default if the owner has provided an email address to the corporation to be included in the owners’ register and the corporation hasn’t passed a by-law opting out of digital notices. In practice, most condos now collect owner email addresses and can send notices via email (which is faster and cheaper than paper). However, any owner can request in writing to receive paper notices, and if they do, the corporation must comply. Many Preliminary Notice forms include a tick-box for owners to request hard copy. If delivering by paper, the corporation can mail it to the owner’s address for service (which might be their unit or another address on file) or hand-deliver it to the unit or mailbox. Keep proof of when and how notices were sent (for legal compliance). For electronic notices, ensure the email is sent to the correct address on record and consider using delivery/read receipts. Contents and Best Practices: As noted, the exact content will depend on the meeting. For an AGM notice, required attachments include the financial statements, auditor’s report, details of the auditor appointment resolution, election candidate info, etc.. For a turn-over meeting, the notice (likely sent by the developer’s agent) will outline the election of the new board and may attach any available financial info or simply indicate that turn-over materials will be provided at the meeting. For requisitioned meetings, the notice must attach the requisition itself and relevant materials as described earlier. Always use the prescribed forms for consistency. In addition, although not legally mandated, it’s common (and wise) to include a proxy form in the notice package, to facilitate owners who cannot attend in person (discussed more below under Voting). The CAO’s official recommendation is to include a blank proxy form (in the mandatory format) rather than a “pre-filled” proxy. Pre-populating proxy forms with names or positions can lead to accusations of manipulating votes, so best practice is to provide a blank form plus instructions. In fact, while a proxy form is not strictly required to be included, providing one is considered a best practice so that owners use the correct form (since proxies must be on the prescribed form to be valid). Electronic Meetings: The Condo Act now expressly allows owners’ meetings to be held virtually or in hybrid format without a specific by-law, unless the condo’s by-laws prohibit it. If a meeting is virtual (e.g. via Zoom or webinar) or hybrid, the Notice of Meeting must include clear instructions on how to attend and vote electronically. For example, the notice might contain a Zoom link or teleconference number, login codes, and an explanation of how voting will be conducted (some condos use online voting platforms, others use proxy as ballot, others do live polls in the meeting). The Preliminary Notice should ideally mention the intent to hold an electronic meeting so owners know in advance. The CAO’s guidance emphasizes that the procedures should be as similar as possible to in-person meetings — owners must be able to see/hear the proceedings, vote securely and confidentially, and participate (ask questions, etc.) in real time. If your condo is holding a virtual meeting, be sure to review the CAO’s “Guide to Conducting Electronic Meetings” for tips and ensure your notice provides any technical help information (like a contact if someone has trouble connecting). Virtual meetings also still require quorum and proper voting — technology can assist but does not change the legal requirements. In summary, sending proper notice is a legal must. Mistakes like sending notices late, using outdated forms, omitting key information, or not sending a preliminary notice at all (a new requirement some condos initially overlooked) can render any decisions made at the meeting voidable or open to challenge. Always double-check timing: For an AGM or planned meeting, work backwards from the meeting date to send the Preliminary Notice at least 20 days before you plan to send the main Notice, and send the main Notice at least 15 days (ideally a bit more to be safe) before the meeting date. Remember to account for mailing time if using mail. In urgent cases like requisitioned meetings, follow the accelerated timeline (5 days for preliminary notice after requisition, meeting within 35 days). Keeping a calendar of these deadlines is a good governance practice (the CAO even offers a “Condo Calendar Tool” to track obligations). Finally, maintain records of notices sent — owners have a right to access records of notices, and the corporation may need to prove in court or tribunal that proper notice was given if ever challenged.

Quorum and Voting Rules

Owners’ meetings are democratic in nature, but that democracy is governed by rules on quorum (the minimum participation required) and voting (who can vote, how votes are counted, and what vote thresholds apply). Ontario’s Condo Act provides specific rules to ensure decisions at owners’ meetings truly represent a sufficient portion of the ownership. This section explains those rules and how they play out in practice. Quorum Requirements Quorum is the minimum number of owners (or owner proxies) that must be present for an owners’ meeting to officially proceed and make binding decisions. Without quorum, any business (except adjourning to a later date) is invalid. The default quorum for condo owners’ meetings in Ontario is 25% of the units (by number). That is, owners representing at least one-quarter of all units in the corporation must be present in person or by proxy at the start of the meeting. For example, in a 200-unit condo, at least 50 units must be represented. It’s important to note it’s by units, not by individual owners — if a person owns multiple units, each unit counts separately; if a unit is co-owned by two people and both attend, they still count as one unit for quorum. When counting quorum, all units count toward the total denominator, even those whose owners aren’t eligible to vote. For instance, a unit whose owner is 3 months in arrears of fees still counts as part of total units when calculating the 25%, though that owner cannot cast a vote. However, practically, an ineligible owner often won’t attend except to observe, and if they do, they can be counted present for quorum (the Act doesn’t prohibit counting them for quorum). Typically the meeting’s registrar (person checking owners in) will mark all attendees, even arrears ones, for quorum, but note their ineligibility to vote on the voting list. Ontario’s unique provision (as of 2017) is the step-down quorum for multiple attempts. Recognizing that condos sometimes struggled to get 25% turnout, the law provides: if a meeting fails to reach quorum on the first attempt and on a second attempt (usually an adjourned meeting), then on the third attempt (and any subsequent) the quorum requirement is reduced to 15% of units. This can be a game-changer for large condos where owner apathy is high. In effect, the corporation can keep adjourning the meeting to a later date until the third try, at which point only 15% is needed. The idea is to ensure that eventually the condo can hold a meeting rather than being paralyzed by low attendance. Important exceptions: The reduced quorum rule does not apply to certain types of meetings. Specifically, for any owners’ meeting whose primary purpose is removing a director or removing an auditor, the Act requires the normal 25% quorum no matter what. Also, the wording “or any other meetings of owners” in the regulation suggests that only AGMs, turn-over meetings, and meetings to elect directors or appoint an auditor benefit from the drop to 15% on a third try. A reasonable interpretation is that standard AGMs (where elections and auditor appointments happen by default) and turn-overs get the reduced quorum, but a purely special meeting for say a rule or by-law might technically be outside this benefit (though many condos assume it applies generally). When in doubt, aim for 25%. In practice, if you don’t meet 25% after two attempts, you likely fall under the scenario to drop to 15% on third, unless it’s a removal meeting. Achieving Quorum: Quorum is checked at the start of the meeting (if people leave later and quorum drops, the meeting can generally continue unless a point of order is raised — the Act is silent, but common parliamentary practice is that business can continue once a meeting is duly called to order with quorum). To reach quorum, condos rely on proxies as well as in-person attendees. Every proxy counts as if the owner were present. Modern virtual meeting tools also increase participation. The Act explicitly acknowledges attendance by “telephonic or electronic means” as valid presence for quorum. Also, if your condo allows advance voting (some condos have implemented proxies as ballots or electronic voting prior to the meeting), those votes can count a person as “present”. For example, if an owner submits an electronic ballot in advance, they are effectively present by their vote. The key is those mechanisms must be authorized — generally by the new provisions, electronic voting is allowed unless a by-law says otherwise. If quorum isn’t reached at the appointed start time, the meeting cannot officially start. Typically, the chair or scrutineer will allow a short grace period (e.g. 15-30 minutes) for late arrivals or for someone to urgently solicit a few more proxies from friendly neighbors. If it’s clear quorum won’t be met, the meeting is adjourned. The Act allows the meeting to be reconvened later without having to re-send the full 15-day notice, provided the adjournment was announced at the meeting to a specific date (this is a bit of a grey area but commonly done). Often, condos adjourn to exactly one week later at the same time, hoping a smaller number will show. The adjourned meeting is considered the second attempt (still needs 25%). If quorum again fails, they adjourn to a third date where only 15% will suffice. To avoid confusion (and for legal safety), some corporations, after a failed first attempt, will issue a new Notice of meeting (with 15 days’ notice) for the next attempt stating the quorum required if it’s the third one, etc. However, this can prolong things. Many go the route of adjourning in-meeting. Tip: Keep track of how many attempts you’ve had in a given meeting cycle, and document the adjournments in the minutes. For example: “The AGM originally called for June 1 did not achieve quorum and was adjourned to June 8; quorum again was not met on June 8, so as announced to attendees, the meeting is further adjourned to June 15, 7:00 PM at [location], at which time the minimum quorum will be 15% of units as per the Condominium Act.” Then on June 15, if 15% shows up, the meeting proceeds validly. Voting Eligibility and Methods Who Can Vote: In a condo owners’ meeting, generally only unit owners (or their proxies) have the right to vote. Each unit entitles its owner(s) to one vote. If a unit is owned by more than one person (say a couple jointly owns a unit), they decide amongst themselves who will cast the vote (or one can be proxy for the other). If they disagree and submit conflicting votes/proxies, those cancel out for that unit. Some units like parking or storage units may or may not carry voting rights depending on how the condo’s declaration is structured (usually every “owner” of a unit that is defined as a unit gets a vote). The condo’s declaration might designate certain units as non-voting in some matters, but that’s uncommon in residential condos. Owner in arrears: A crucial Ontario rule is that owners owing the condo money (arrears of common expenses) for 30 days or more are not entitled to vote at an owners’ meeting, except in some cases where the Act says otherwise. Practically, this means if you haven’t paid your condo fees (or any assessment or chargeback) for over a month, your vote doesn’t count. However, the moment you pay up the arrears, your voting rights are restored. The corporation or its management typically prepares an arrears list for the meeting. The meeting’s registrar or chair will use this to disqualify votes from those units if they attempt to vote. The owner can still attend the meeting (and even counts for quorum, as noted), but when votes are counted their vote is excluded. They could still appoint a proxy, but that proxy would also not be able to vote if the unit is in arrears — paying up is the only cure. This rule is in Condo Act s. 49(1)(c). Tip: If you’re a condo owner, always pay any outstanding fees at least a week before a meeting so you’re eligible to vote. If you’re organizing the meeting, ensure the arrears list is up-to-date to avoid challenges (e.g., if someone paid the day before, update the list and allow their vote). Other ineligible voters: If a unit is owned by the condo corporation itself, that unit typically cannot vote. Similarly, if the condo has any owner-occupied positions on the board and a vote is being held for those, only owners who live in their units can vote for those seats (the notice will specify this, per s.51(6)). Mortgagees (banks) do not get a vote at meetings by default, unless perhaps a power of sale has made the bank the owner. Mortgagees are entitled to notice of meetings if they register with the corporation, but they are not owners and cannot vote (they could influence via the owner or attend and speak if the chair allows). Tenants have no right to vote or attend owners’ meetings (unless they are there as a proxy for an owner). Proxies: Owners who cannot attend in person may appoint a proxy — a person to attend and vote on their behalf. The Condo Act requires that proxies be appointed in writing using the mandatory Proxy Form (Form proxy). The proxy form has to be signed by the owner (or their legal representative like someone with power of attorney). An email is not enough — the form itself must be signed, but it can be signed electronically (e.g. typed signature if properly done, or scanned) because Ontario’s Electronic Commerce Act allows electronic signatures for proxy appointments. The CAO explicitly states that a proxy form completed and sent electronically is valid so long as it’s on the proper form and appears to be signed by the owner. There is no restriction on who can serve as a proxy — it can be another owner, a friend, a family member, or even a tenant or the condo manager. The only exception: the proxy cannot be the corporation’s auditor (Auditors are not allowed to hold proxies to vote, likely to maintain independence). It’s common for owners who support the current board to give proxies to the board or manager, and for those in opposition to similarly collect proxies. The proxy form allows owners to specify the extent of the proxy’s power. The form has three main options: (1) proxy for quorum only (they attend to count for quorum but will not vote on anything); (2) proxy to vote only on procedural matters (like adjournment, etc., basically not on substantive issues); or (3) proxy with full voting authority on all matters, or as directed by the owner’s instructions. Owners can also give specific instructions on the form (e.g. vote “yes” on a by-law, vote to elect Person A to the board, etc.). If instructions are given, the proxy holder should follow them — but if they don’t, the vote technically still counts as cast (since no one monitors that in the meeting, it’s an issue of trust between the owner and proxy). The chair will treat a proxy as fully authorized unless the form clearly restricts a particular vote. All proxies should be delivered to the chair or registrar of the meeting before the vote is taken — in practice, proxies are often collected by management in advance to ease check-in. The CAO recommends proxies be delivered before or at registration and not necessarily included in advance package to avoid confusion. Proxy verification: The chair (often with legal counsel or scrutineers) will review proxy forms at the meeting for validity — checking that they’re signed, dated, that the person signing is the owner of record for that unit, and that no subsequent proxy was submitted (owners can revoke a proxy by issuing a new one or showing up in person). A proxy that appears properly filled and signed is considered valid. If someone suspects a proxy is fraudulent (for example, a signature forged or an outdated form used), they must object at the meeting to the chair before the vote is finalized. The chair has the power to rule on proxy validity and to disqualify any that are clearly invalid. Courts have held that if a chair accepts a proxy and declares a vote result, it’s difficult to challenge afterward unless fraud can be proven. So, challenges need to be timely. Proxy fraud unfortunately has been an issue in some condos (cases of individuals collecting proxies and altering them, etc.). The ultimate remedy if there’s suspicion of widespread proxy fraud is to go to court, but the burden is on the accuser to prove it and show it affected the outcome. Voting Methods: Once quorum is established and any presentations/discussions are had, the meeting will proceed to votes on the matters at hand. Voting can be conducted in several ways, all of which are recognized under the Condo Act:

• Show of hands — For in-person meetings, small or uncontested votes are often done by a simple show of hands (or holding up proxies). The chair will call for those “in favor” and then “opposed” and count (with help of scrutineers) the hands, including proxies (proxies held by one person might be multiple votes — e.g. if a person holds 5 proxies, when they raise their hand it counts for 5 plus their own if they are an owner). This is quick but not secret.
• Ballot voting — This is common for director elections or any sensitive vote. Each voting unit is given a paper ballot (often one ballot per unit, or one per candidate if doing one at a time). Ballots can also be electronic if using a voting system. Ballots allow a confidential vote. If proxies exist, the proxy-holder fills out the ballot on behalf of the owner they represent. Ballots are then counted by scrutineers. If done electronically (e.g. via a secure voting app), results might be instant. Paper ballots are collected and tallied. Ballot votes are “recorded votes” in that there’s a paper (or digital) record of each vote cast (not just a show of hands). The Act allows an instrument appointing a proxy to itself be treated as a ballot if properly marked — for example, some owners send in proxies that double as their ballot (they indicate their vote choices on the proxy form, and the proxy just submits that).
• Electronic/telephone voting — If the meeting is virtual or hybrid, voting might occur through an electronic polling feature (like the “poll” in Zoom, or a third-party online voting platform). The Condo Act permits voting by telephonic or electronic means as long as it’s anonymous (if required) and secure. Unless a condo’s by-laws restrict it, owners can vote via these methods without issue. Many condos engaged third-party voting services (like CondoVoter, GetQuorum, etc.) to handle AGM votes especially during pandemic times. These services often allow owners to login and vote live or ahead of time. Alternatively, if some owners are on teleconference with no computer interface, the corporation might accept their verbal vote or require proxies for those participants (to ensure their vote is counted via the proxy submitted).

Regardless of method, the chair must verify and announce the results. For routine matters (e.g. approval of minutes, or minor things) often a general consensus is fine. For elections and removals or by-law votes, exact counts should be reported (number of votes for each candidate or for/against a motion). If the vote is close or contentious, doing it by ballot is safer than show of hands to enable a recount if needed. Voting Thresholds / Types of Resolutions: Different decisions require different levels of approval:

• Ordinary Resolution — This is the default for most votes: a simple majority (>50%) of those present and voting at the meeting is needed to carry the motion. Electing directors is a bit different (usually done by plurality — top vote-getters fill the seats). But for something like approving a motion to adjourn or to approve minutes or even to approve a low-impact matter, ordinary majority of those at the meeting does it. If 100 units are present (in person/proxy) and 51 vote yes, the motion passes.
• By-law Confirmation — Under Condo Act s.56(10), most new by-laws (or amendments) made by the board require confirmation by a majority of all units in the corporation. That’s not just those at the meeting — it means if you have 300 units, you need at least 151 yes votes regardless of turnout. This is why by-law votes can be challenging. Exception: the regulations now list certain types of by-laws (mostly those dealing with records, voting methods, information certificates, etc.) that can be confirmed by a majority of votes cast at a meeting. If your by-law falls under those categories, you don’t need majority of all owners, just majority of those who voted at the meeting. For example, a by-law to allow electronic voting can be passed by a simple majority of those present, thanks to the regulation change. Check O. Reg 48/01, Section 14 for the list of such by-law topics (Lash Condo Law summarizes several of them).
• Removal of Director/Auditor — As mentioned, removing a director or an auditor mid-term requires a majority of all owners (>50% of all units) to vote in favor. This high bar ensures broad support.
• Amending Declaration — Changes to the condo declaration usually require written consent of at least 80% or even 90% of all owners (depending on the change) — this is outside the typical meeting vote since often done by written resolution, but if done at a meeting, the threshold is very high and essentially requires almost all owners to participate.
• Changes to Common Elements / Assets — Significant changes or additions (under s.97 of the Act) can trigger a requirement for a vote of either majority or a specified percentage of owners. For example, an expensive improvement might need a vote by owners and typically a majority of owners voting or sometimes a higher threshold if it’s substantial.
• Termination of Condo — Requires at least 80% or 90% of owners (in some cases 100%) depending on circumstances, usually by written agreement, but it could be presented at a meeting for discussion.

In an AGM context, most votes are ordinary (approving auditors, electing directors by plurality, etc.). In a requisition or special meeting, pay attention to what the Act specifies for that particular decision. Ballots and Records: One question that arises is whether completed ballots or proxies are part of the official records owners can later see. Proxies submitted are definitely condo records (though with personal info). Marked ballots — the Act has a provision that allows condos to pass a by-law specifying that completed ballots and proxies need not be kept as records. Many condos do this for privacy, meaning once the vote is done and verified, ballots are destroyed or kept confidential. In absence of such a by-law, ballots might be considered records open to owners (with identifying info removed if it was a secret vote). However, this goes into record access rights — see our record access guide for details on what records owners can request (generally, owners’ meeting minutes and notices, etc., are accessible; proxies and ballots are a bit more sensitive). In summary, ensure only eligible voters vote, use the proper voting method for the situation (secret ballot for elections, etc.), and apply the correct threshold for each decision. The chair or condo lawyer often guides this during the meeting (“this motion requires a majority of all owners, which we have not achieved, so it fails” or “a majority of those present has voted in favor, the motion carries”). If any doubt exists about a voting result or count, it’s wise to conduct a recount or verify proxies again on the spot, as contesting it later is difficult once results are declared final. Using structured voting tools (like electronic voting platforms that automatically count votes and ensure only eligible units vote once) can greatly help avoid human error in tallying and improve transparency. Minutes of Owners’ Meetings Meeting minutes are the official record of what transpired at an owners’ meeting. Keeping accurate minutes of owners’ meetings isn’t just good practice — it’s a legal requirement. Under Condo Act section 55(1), minutes of owners’ meetings are part of the corporation’s records that must be maintained and made available to owners. This section explains what should (and should not) be recorded in owners’ meeting minutes, who can access them, and how they differ from board meeting minutes and any in-camera considerations. Content of Owners’ Meeting Minutes: The law does not dictate a strict format for minutes, but generally minutes should include:

• Basic meeting details — the date, time, and location (or platform) of the meeting, and whether it was an AGM, special meeting, etc.
• Confirmation of quorum — a statement that quorum was met (or not met, in which case minutes would be very brief, just noting adjournment). E.g. “Quorum was achieved with 60 units represented in person or by proxy, representing 30% of the corporation’s 200 units.”
• Attendees — It’s common to list key attendees: the chair of the meeting, recording secretary, any guests like the property manager, auditor, or legal counsel, etc. You do not list every owner present by name in the minutes (that would be unwieldy and is captured on the attendance list). However, some minutes note the total number present and might attach the registration list as an appendix in records.
• Approval of previous minutes — for an AGM, owners usually approve the minutes of the last AGM (or a special meeting) at the start. The minutes should note that (“Motion to approve the minutes of the AGM dated X; Moved by Person A (Unit #), seconded by Person B (Unit #); Carried.”).
• Reports and discussions — The minutes should summarize any reports given (President’s report, Treasurer’s report, Auditor’s report, etc.), but not verbatim. For example: “The President gave a report on the year’s accomplishments, including the lobby renovation and new landscaping. The floor was opened to questions: Owner of Unit 101 asked about timeline for the roof repair… etc.” You can capture key points of discussion, especially any questions and answers of significance, but try to be concise. Minutes are not a transcript.
• Motions and votes — Every formal motion or resolution made at the meeting should be recorded, along with the outcome. If it was a vote by show of hands or consensus, note “carried” or “defeated” (and you may note “unanimously” if clearly no opposition). If it was by ballot, you might record the counts or at least the result. For director elections, it’s customary to record the names of all candidates and the winners (e.g. “The following owners were nominated for the 3 open director positions: A, B, C, D. After ballots were counted, A, B, and D were elected. Results: A — 90 votes, B — 75 votes, C — 60 votes, D — 80 votes. The chair declared A, B, D elected to three-year terms.”). Exact vote counts can be included or just who was elected — including counts is more transparent, but even just noting who won is acceptable. For other votes (by-law, rule), record the count if significant (e.g. “By-law No.5 (Parking By-law) — Result: 140 Yes, 20 No, 10 Abstain — Carried (exceeded required majority of 100 Yes).”).
• Announcements — If any announcements or owner questions were addressed (often there’s an open Q&A), minutes can briefly capture the topics discussed. E.g. “Owners raised concerns about hallway cleaning frequency and elevator downtime; the board committed to review the janitorial contract.”
• Adjournment — Note the time of adjournment and who moved to close the meeting.

Minutes should be factual and objective. They are not the place for opinions or he-said/she-said arguments. Avoid attributing comments to individuals by name except where necessary (motions and seconds by name/unit are fine; questions from the floor can be “an owner inquired…” unless it’s important to note who for follow-up). The level of detail is a balance: enough to serve as a historical record of decisions and major points, but not so much that it’s a novel. Approval of Minutes: Owners’ meeting minutes are usually approved by the owners at the next owners’ meeting. For example, AGM 2024’s minutes will be approved at AGM 2025 by a vote of those owners present (since the attendees can differ year to year, the approval is by the new crowd effectively). In some cases where meetings are far apart, boards circulate draft minutes earlier or seek approval via other means, but formally the Act contemplates approval at the next meeting of that group. Even if not yet approved, they are still records that owners can request (marked “Draft”). Access to Minutes (Owners’ Rights): Owners (and their mortgagees or agents) have the right to examine or obtain copies of owners’ meeting minutes, as they are core records under Condo Act s.55. Specifically, minutes of owners’ meetings must be provided to an owner who submits a records request (except for any portions that might be exempt — typically none of the owners’ minutes would be exempt, since it’s not privileged or personal in the way some board minutes might be). The corporation can charge a small fee for copies as per the regulation, but cannot refuse access. This is an important distinction: board meeting minutes can sometimes be withheld or redacted if they contain privileged or private information (legal advice, sensitive owner info, etc.), but owners’ meeting minutes are generally accessible in full to any owner. In fact, many condos proactively distribute the AGM minutes (draft) to all owners after the meeting or include them in the next AGM package. Some post them on an owners’ portal. Transparency is key; there’s usually nothing confidential in owners’ minutes since it was a public forum of all owners. Board Minutes vs Owners’ Minutes: It’s important to understand the difference. Board meeting minutes document the decisions of the board of directors at their private meetings. Those often include discussions of legal strategy, neighbor disputes, contracts, etc., and they might have “in-camera” portions (closed session not recorded in detail) for highly sensitive topics like litigation or personnel issues. By contrast, owners’ meeting minutes are a record of a meeting where all owners (and often others, like management or guests) were present. Thus, there’s typically no in-camera segment in an owners’ meeting — the entire meeting is effectively public to the ownership. You wouldn’t, for example, have the board excuse the owners so they can talk privately during an owners’ meeting; if something sensitive needed discussion solely with the board, that would happen at a board meeting, not at the owners’ meeting. So owners’ minutes don’t exclude content for confidentiality the way board minutes might. Because of this, there should be no “secret” portions of owners’ meeting minutes. Everything officially done or voted on in the owners’ meeting is recorded and available to all owners. In practice, if a topic came up that was inappropriate for the public forum (say a specific lawsuit or a specific unit’s arrears), the chair might rule it out of order and not discuss it — hence not in minutes except maybe “Owner of unit 50 raised a personal issue, and the chair advised it will be dealt with outside the meeting.” Another difference: Board minutes are approved by the board at the next board meeting (often a month later), and usually signed by the chair or secretary. Owners’ minutes are approved by owners as noted. Also, board minutes are sometimes not disseminated widely (some boards share a summary or action items but not full minutes to owners, although legally owners can request them with possible redactions). Owners’ meeting minutes, once approved, often get distributed to owners (and even if not, any owner can get them by asking). (For a deeper dive into best practices for board meeting minutes, see our board minutes pillar page, which addresses in-camera sessions, level of detail, and record-keeping for board meetings. For structured minutes from meeting audio, see the AI Minutes App.) In-Camera Considerations: The term “in-camera” refers to a private portion of a meeting where proceedings are off-record or where certain people are excluded (e.g., only board members present, no management or owners). Owners’ meetings generally do not have in-camera sessions because the meeting is of the owners collectively — there’s no smaller subset that would go into privacy from the rest (aside from perhaps the chair and scrutineers privately counting ballots, but that’s not a discussion portion, just a procedural recess). One possible scenario: if an issue came up that involved privileged legal advice, the corporation’s lawyer might caution that it can’t be discussed in open forum without waiving privilege. In such a rare case, the issue would likely be deferred to a board meeting or a separate information session. Thus, when drafting owners’ meeting minutes, you usually don’t have to consider redacting or omitting “in-camera” content — there was none. This contrasts with board minutes, where certain motions might be recorded only generally because details were discussed in camera (e.g., “Board discussed a litigation matter in camera and directed counsel to proceed as discussed.”). Owners’ minutes should capture what was discussed and decided in front of the owners. Transparency is expected; after all, everyone who attended heard it, and those who didn’t have a right to know what they missed via the minutes. Retention of Minutes: Owners’ meeting minutes, as corporation records, must be kept permanently (at least for the life of the corporation). O. Reg 48/01 specifies retention periods for records and minutes of owners’ meetings are required to be kept indefinitely (they are fundamental records). They can be kept in a minute book or electronically as long as accessible. Preparing Quality Minutes — Best Practice: It’s advisable that a designated recording secretary (often the condo manager or a professional minute-taker, or the corporation’s secretary if capable) take minutes during the meeting. Verbatim minutes are not necessary (and can even be problematic). Aim to record resolutions and key points. After the meeting, the draft minutes should be compiled and reviewed by at least one board member or the meeting chair for accuracy. They should then be stored and later presented for approval at the next meeting. If the next meeting is a year away, consider circulating the draft to the board or even the ownership (some condos solicit corrections via email — but formally approval still waits for the meeting). The approved minutes should be signed by the chair or secretary to indicate they are official. Common Pitfalls: Sometimes, minutes end up either too scant (“nothing useful recorded”) or overly long. Striking the right balance is important because minutes can become evidence in legal disputes. For instance, if an owner challenges an election result, the minutes documenting the process and result will be key. Or if a rule is invalidated, the minutes might show whether proper procedure was followed. Also, because owners can access minutes, be mindful not to include defamatory or inflammatory language — stick to factual reporting. If an owner made an outburst, you don’t have to detail it unless formal action was taken. A simple “Discussion ensued regarding noise issues, with several owners providing input” suffices. In conclusion, owners’ meeting minutes are the corporate memory of your condo’s democratic decisions. Keep them accurate, clear, and accessible. Ensure they distinguish between what was decided versus merely discussed. And unlike board minutes, which may contain confidential strategies, owners’ minutes should reflect an open book of the corporation’s membership deliberations. If you need guidance on records access to minutes or other documents, consult our record access guide to understand owners’ rights and the board’s obligations in responding to records requests. Common Legal Mistakes in Owners’ Meetings Even well-intentioned condo boards and owners can stumble on procedural and legal requirements when convening or conducting owners’ meetings. Mistakes can lead to disputes, nullified decisions, or even legal action. Here are some common legal mistakes related to owners’ meetings in Ontario — and how to avoid them:

• Inadequate or Improper Notice: Failing to give proper notice is one of the most frequent — and fatal — errors. This includes not respecting the timelines (e.g. sending the notice of meeting only 10 days in advance instead of the required 15+ days), or neglecting to send the Preliminary Notice altogether (a step sometimes missed after the law changed to require it). Another aspect is content: using a notice that doesn’t include all mandatory information (for example, forgetting to include the text of a proposed rule change, or not clearly stating the business items). Using a non-mandatory form or altering the mandated notice/proxy forms can also be problematic — since late 2017, Ontario has prescribed forms for meeting notices and proxies, and using anything else can render your notice non-compliant. Mistakes in notice can lead to owners challenging the meeting’s validity. For instance, if an owner wasn’t properly notified, they could argue any decisions (like an election) made at the meeting should be overturned. Avoidance tip: Always use the current CAO-issued forms and double-check the notice package against a checklist of required elements. Ensure preliminary notices go out on time (mark your calendar well in advance). If you realize a notice error too late, the safest course is to postpone and re-notice the meeting rather than proceed under a cloud.
• Miscalculating Quorum: Boards sometimes miscalculate the quorum requirement or misunderstand who counts. A common mistake is thinking quorum is 25% of those who could vote at that moment, excluding arrears units — but legally it’s 25% of all units in the corporation (the presence of ineligible voters doesn’t reduce the denominator). For example, if 10% of units are in arrears, you still need 25% of total units, not 25% of the remaining 90%. Another error is failing to apply the 15% reduced quorum rule properly. Some corporations forget that after two failed attempts they can proceed with 15% and instead keep struggling to get 25%, delaying business unnecessarily. On the flip side, some erroneously try to use 15% on a second attempt or for a removal meeting where it’s not allowed. Avoidance tip: Know your total unit count and calculate 25% (and 15%) of that well in advance. At the meeting, have a tally of people/proxies as they register. If short of 25%, and it’s the first attempt, don’t fudge it — acknowledge lack of quorum and adjourn properly. If it’s the third attempt, document the prior attempts to justify using 15%. And remember: proxies count towards quorum, so encourage owners to submit them if they can’t attend.
• Using or Accepting Invalid Proxies: Proxies are a lifeblood of condo meetings, but they come with technical requirements. Common errors include: accepting a proxy that is not on the prescribed form (the law requires the prescribed form; a handwritten letter isn’t acceptable), accepting a proxy not signed by the owner of record (e.g. a tenant signs it — not valid; or one spouse signs for a unit solely owned by the other without power of attorney — not valid), or one that is undated or ambiguously filled. Another mistake is proxy over-collection by one person and not realizing one person can hold many proxies — actually, that’s allowed (Ontario does not cap how many proxies one person can hold, unlike some jurisdictions). But the meeting organizers must properly register each proxy to the proxy-holder. A big no-no is pre-completing sections of the proxy form for owners (like ticking the box to give the proxy to a specific person or pre-selecting candidates). This can invalidate the form or at least create suspicion; the CAO cautions condos against pre-populating proxies for owners. Avoidance tip: Educate owners to fill out proxies correctly (provide instructions). As a chair, scrutinize proxies during registration — if something’s off (e.g. name doesn’t match owner records, or multiple proxies from the same unit designating different people), set those aside for clarification. If you have time, contact owners in advance to cure defects (e.g. “we received your proxy but you forgot to sign — please resubmit”). Always retain the proxy forms as part of meeting records in case of later disputes.
• Allowing Ineligible Voting: This often involves owners who are in arrears sneaking a vote in. If the corporation or meeting staff are unaware of who is in arrears, an owner who owes 5 months of fees might cast a vote, which by law should not count. If a contentious vote passes or fails by one and that ineligible vote was counted, it can lead to a legal challenge. Similarly, if a non-owner (or someone not properly authorized) votes — e.g. a renter trying to vote for their landlord, or a person whose name isn’t on title but they claim to be an owner — those are not valid votes. Avoidance tip: Have an updated owners list and arrears list at registration. The property manager or treasurer should flag any unit that is 30+ days in arrears. The registrar can still let them attend (for quorum) but mark them as “not eligible to vote”. If they submit a proxy, technically that proxy is invalid (because the owner had no right to vote to begin with). If someone shows up claiming to be owner but your records show otherwise, unless they provide proof (e.g. recent purchaser with transfer proof), don’t issue them voting cards or ballots. It’s wise to have a cut-off date (like 5 days before the meeting) for the record date of owners — that way if a unit sold yesterday, you stick to the official owner list as of record date. The new owner can still attend but might not be able to vote if you strictly enforce record date (though the Act doesn’t explicitly set record date, many condos use the notice date as implicit record date).
• Mishandling Elections: Election time at AGMs is where procedural missteps often happen. One error is not allowing nominations from the floor when by-laws don’t prohibit them. After the introduction of preliminary notices (which ask people to declare candidacy in advance), some boards mistakenly thought they could refuse nominations at the meeting if someone hadn’t pre-submitted their name. Unless you have a by-law that explicitly says nominations must be in advance (few condos have passed such a by-law so far, though it’s allowed), you must allow last-minute nominations. Shutting someone out could be seen as unfair and not in compliance with the spirit of owner democracy. Conversely, a mistake can be failing to solicit the mandatory candidate disclosure statements from nominees — the Act requires candidates disclose any conflicts, prior convictions, etc., and this should ideally be in writing before the election. If someone is nominated spontaneously, they can verbally state their disclosure for the minutes. Another common mishap: not using a proper secret ballot for elections (e.g. doing a hand vote for a contested election — that violates the requirement for a recorded vote if an owner demands one, and generally privacy norms). Also, miscounting votes in elections or not accounting for proxies fully (e.g. forgetting that a proxy holder has 5 votes, not 1, in a hand count) is a risk. Avoidance tip: Have a clear election procedure: appoint independent scrutineers (tellers) to collect and count ballots, ideally two people double-checking each other. If the condo’s bylaws allow acclamation when candidates equal vacancies, follow that; if not, still run a vote to legitimize them. Give each candidate a chance to speak (owners expect this), but also time-limit it to be fair. If using electronic voting, do a mock run to ensure it’s capturing properly. After the vote, announce results clearly and include them in minutes. Retain the ballots/proxy votes at least until any challenge period passes.
• Ignoring or Improperly Handling Requisitions: As discussed in the requisition section, the board must act swiftly and lawfully when owners requisition a meeting. A major mistake is the board trying to reject a valid requisition on technical grounds that aren’t actually valid. For example, boards in the past have thrown out requisitions because the text wasn’t exact or an email signature was used, or they claim it’s “vexatious.” The Act is pretty clear on what’s needed (15%, signatures, stated purpose) — if those are met, the board must call the meeting. If a requisition is missing something (say just shy of 15%, or unclear purpose), the board should promptly communicate with the requisitionists to clarify or allow a re-submission; simply ignoring or delaying is not acceptable. Another error: not meeting the 35-day deadline to hold the meeting, or not sending the preliminary notice within 5 days as required — these are breaches of the Act. If the board fails to act or tries to invalidate the requisition incorrectly, the owners might call the meeting themselves and charge the costs back, or take the board to court. We’ve seen judges scold boards for dragging their feet on requisitions and even awarding legal costs against them. Avoidance tip: If you receive a requisition, immediately have management or legal verify the unit count and validity. If valid, follow the Act’s steps exactly — issue the preliminary notice in 5 days, schedule the meeting, etc. If the board is genuinely unsure about validity, seek a legal opinion promptly, and even then, the prudent approach is often to call the meeting anyway to avoid allegations of bad faith (nothing stops the board from calling a meeting on its own initiative, even if not “required” — better to err on side of giving owners their meeting). Bottom line, never ignore a requisition; engage with the concerned owners in good faith.
• Violating Agenda/Discussion Rights: Owners have certain rights at meetings that boards sometimes (intentionally or not) curtail. For example, rushing or skipping the owners’ open forum/Q&A at an AGM. The Condo Act actually contemplates that owners can raise any relevant item at an AGM for discussion (even if not on the agenda for a vote) — this is in s.45(3). If a chair refuses to allow any owner questions or motions from the floor (like a motion to adjourn or to poll owners on an issue), that might breach procedural fairness. Also, sometimes boards try to end the meeting immediately after formal business to avoid uncomfortable questions — this can breed mistrust. Another scenario: not presenting the auditor’s report or financial statements properly or failing to have the auditor attend if requested (owners can require the auditor’s presence by giving notice — s.60(6)). These might not invalidate a meeting but can result in owner complaints or a requisition for another meeting. Avoidance tip: Run the meeting according to the agenda but allocate time for owner questions. If time is short, you can limit each speaker’s time but do allow them. Ensure all required business is covered (present financials, appoint auditor by vote, etc., at an AGM).
• Not Documenting or Following Up: After the meeting, failing to prepare minutes or to follow through on decisions (like forgetting to file an amended by-law that owners approved, or not formally notifying a director that they were removed) can create legal complications. Minutes should be drafted soon after while memories are fresh. For format and legal requirements for condo board meeting minutes, see our Ontario guide. If a resolution was passed directing the board to take some action, the board should address it or respond to owners about it.

Many of these mistakes can be avoided by solid preparation and understanding of the legal requirements. Using experienced professionals can help: condo lawyers or meeting parliamentarians can advise or even attend high-stakes meetings to ensure rules are followed. The Condominium Authority of Ontario also offers guides and even online training for meeting chairs. Ultimately, running a compliant owners’ meeting is about respecting the process: give proper notice, let owners participate within the rules, and document the outcomes. (For a broader discussion of condominium governance pitfalls and how to remain compliant with the Condo Act, see our legal compliance article. It covers various statutory duties, including meeting-related ones, to help boards avoid these common traps.)