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Changes to Condo Act effective October 1, 2023

The Government of Ontario passed Bill 91 referred to as the “Less Red Tape, Stronger Economy Act, 2023” and this past June it received Royal Assent. Among other things, this Act includes changes to the Condominium Act and its Regulations you need to be aware of.

These permanent changes will now permit condominium corporations to use e-voting and conduct virtual meetings without the requirement for a by-law and no owner consents will be required to provide notices by email.

Changes to the Condominium Act will come into effect October 1, 2023 and will:

• Permit condo corporations to hold virtual or hybrid meetings unless the condo’s bylaws provide otherwise.
• Establish that voting (including elections) may be conducted virtually or in hybrid form unless a condo’s bylaws provide otherwise.
• Facilitate sending notices or other documents by electronic means, as appropriate.
• Require certain information to be in notices of owners' meetings that are held virtually or in hybrid form, such as instructions for attending virtually;
• Require owners' email addresses and other electronic communication addresses to be kept in the corporation's record in certain circumstances, including for delivering notices electronically without an agreement; and
• Permit condo owners to opt-out of electronic communication of notices under the new framework.

Practically, this means that the default for communications will be electronic and those who do not wish to receive communications that way, need to notify us to indicate their preference.

Similarly, a bylaw expressly directing that meetings and voting will not be held virtually would need to be passed if that is the majority of owners choice.

Please be assured that we are bound by privacy laws and do not share any email addresses or electronic information unless legally required to do so.