Annual General Meetings are a critical event for any corporation. It is a time where its stakeholders have a formal opportunity to meet with their Board of Directors to obtain a health check on an annual basis, ask questions and a time to make a difference by joining the board or committee to offer support to further assist those that you have elected to run your joint affairs.
In light of the new changes to Alberta’s Condominium Property Regulations 168/2000 coming into effect July 1, 2019, in this article we will highlight the dates, triggers and requirements of holding an Annual General Meeting (AGM).
With the new AGM package requirements expected to be much larger in size than before, consider the impact to the following notice delivery methods:
- Personal Service – The most effective means of delivery cost and ensuring copies are provided directly if duties are performed directly by the corporation. To outsource this service could become cost prohibitive.
- Electronic Notice – A mandatory requirement medium for those that have requested this method of communication and notice delivery as per CPR AR 168/2000 s73.5. As this will be the most effective approach for corporations, and therefore ultimately your condo fees, this should be pursued aggressively. If you are not setup to provide this service, some initial investment may be required that you need to prepare for in advance immediately. Notices sent electronically are considered served 24 hours following the notice was sent CPR AR 168/2000 s73.5(3). Condominium Corporations that consist of fewer than 13 units are not bound to following this mandatory requirement. CPR AR 168/2000 s73.5(2)
- *Ordinary Mail – More cost effective than recorded mail, but consider, due to the amount of documents now being added to the package, postage costs will increase per mail due to weight (refer to Canada Post). Notices sent through ordinary mail are considered served 7 days after the date on which the document is sent CPA RSA 2000 C-22 s71.1(2)(b). Despite this, we recommend sending the package 14 days before the date the owners must have the mail by. Refer to the notice provision in your bylaws to ensure compliance.
- Recorded Mail – A far more costly method to mass mail packages. This method is for tracking and recording receipt of mail. Refer to the notice provision in your bylaws to ensure compliance.
An important takeaway here is understanding when delivery methods state notices are served. This information is needed to backward-schedule compliance with when notices are to be provided to owners as required by the Act and Regulations.
The following are the new items and dates that now must be followed for which these notices are to be provided to the ownership:
- Preliminary AGM Notice – 60 days before AGM – A new requirement that is designed for transparency for the owners per CPR AR 168/2000 s31.26. This does not apply to single owners or same group of owners on the certificate of title to each unit in an entire corporation CPR AR 168/2000 s31.27.
- Owner Agenda Items Deadline – 30 days before AGM – Allow enough time so you may clarify submissions with owners as required. Prepare to send the final AGM notice shortly hereafter.
- Final AGM Notice – 14 days before AGM – Submit a complete list of agenda items proposed by the owners in addition to the other regularly occurring items such as, but not limited to: CPA RSA 2000 C-22 s11(3)(c)(iv); s30(3); s30(4)(a)(b), CPR AR 168/2000 s29(1); s31.26(2)(b); s31.26(3) and as well as identified by your corporation’s bylaws that is not in conflict with the Act or Regulations.
- AGM Follow-up – within 30 days following the AGM – A new requirement where the following must be provided: (draft) minutes of the AGM, records of the votes (consider privacy concerns), a list of the names and addresses for service of the members of the board subject to CPR AR 168/2000 s20.51; s31.25. Prepare to send this soon after the AGM. This does not apply to single owners or same group of owners on the certificate of title to each unit in an entire corporation CPR AR 168/2000 s31.27.
An AGM notice schedule appears as follows:
We are happy to announce the following app to ease your AGM scheduling requirements! Simply select your AGM date and click “Print” for a pdf output of all the dates. Don’t forget to double check your dates and consult your bylaw’s notice requirements:
