AGMs & COVID-19 – A Government Advocacy Update
We are getting many questions from members about holding Annual General Meetings (AGMs) and Special General Meetings (SGMs) during the COVID-19 pandemic.
On Monday February 1, CCI North Alberta met with representatives from Service Alberta to bring our members’ concerns to their attention. Service Alberta assured us that solutions are being worked on. We are going to continue to work with the government and to advocate for our members on this issue.
In the meantime, the most current pronouncement regarding this issue from the provincial government (Service Alberta website) is:
“Effective December 8, 2020 Alberta has declared a State of Public Health Emergency to protect the health care system from COVID-19. All indoor and outdoor social gatherings are prohibited, but condominium corporations are still required to find a way to conduct their AGMs.
Corporations are recommended to work with their legal counsel to determine a date and method for AGMs delayed by COVID-19. Corporations considering electronic meetings should consult with legal counsel as well.”
You can access that information and a longer fact sheet here.
The rules respecting current public health orders for Alberta can be found here.
At CCI North Alberta, we have some questions about how to follow this direction. If “gatherings” are prohibited, how can we hold in-person AGMs? Can we conduct AGMs virtually? Many of our members have contacted us with these same questions.
To answer these questions, CCI North Alberta consulted legal counsel and was advised that:
- Indoor in-person AGMs and SGMs are gatherings and are prohibited under the present Health Orders.
- (As of January 29, 2021) Outdoor in-person AGMs and SGMs can be held if:
- There are no more than 10 persons in attendance;
- Social distancing and masking are maintained; and
- There is no indoor component to the meeting
3. Virtual AGMs and AGMs are prohibited by virtue of s. 31 of the Condominium Property Act which provides that AGMs must be held in the municipality in which the condominium is located and only board meetings may be held by electronic or virtual means.
We know that this is a frustrating and stressful issue. CCI North Alberta has shared our concerns with the provincial government and our work continues to find a practical solution for condominium corporations.
In the meantime, the best we can do is to share what we have from the government so far, and to recommend that condominiums:
- Seek advice about specific circumstances from the corporation’s legal counsel, and,
- At a minimum, send out the regular AGM package containing the financial statements, budget, annual reserve fund report, past minutes and written Board officer reports before the 15 month deadline from the last AGM. At minimum condominium corporations need to keep unit owners informed.
We will share updates from Service Alberta as they become available.