Quorum and Proxies

by Audrey Loeb

The only change to the Act regarding quorums for meetings is the ability to have a reduced quorum if the 25% threshold is not achieved at the first two attempts of holding the meeting.

At the third attempt at holding a meeting, the quorum will be 15% of the voting units. Therefore, decisions which require a majority of a quorum at a meeting can theoretically be made by 7.5%+1 of units. The Act allows corporations by by-law to impose a higher quorum but we doubt that corporations will make such an amendment.

Proxies

Previously, a form of proxy was included in the regulations but its use was never mandatory. Effective Nov. 1 2017 every condominium corporation will have to use the form of proxy prescribed under the Act. As of the writing of this article, the final version of this proxy, has not yet been published so we cannot tell you how it differs from what we have used for many years.

If the by-laws so provide, a condominium can put into place procedures governing the time when proxies must be delivered and the place for delivery. Some existing general operating by-laws already have provisions like this. Corporations whose by-laws do not contain procedures on proxies should consider taking advantage of the amendments to the Act and regulations pertaining to proxies.

Currently, proxy voting is done in person, electronically, or by fax. The Act will now allow proxy voting by telephone, including an automated touch tone system. We are not sure how a telephone proxy or how the owner's identity can be verified. We can only see a very small corporation being prepared to use this type of voting, and only where all the members of the community are known to one another.

By-laws will have to be amended to allow voting of proxies by telephone or electronically, even though many condominiums have been using electronic voting for well over two years.