As of yesterday, many changes
to the Condominium Act came into effect that affect the day-to-day
responsibilities of condo corporations.
Some of the changes require
corporations to use Ministry forms where they weren’t previously required.
The Ministry released the new
forms corporations will have to use for: proxies, to provide notice of meeting,
and the three types of information certificates, among others. Here is a list
of the new forms:
Information
Certificates
This “mini status certificate”
provides owners with updates on finances, insurance, reserve fund, board, and
other matters throughout the year.
Tip:
This must be sent out twice per year – within 60 days after the last day of the
first and third fiscal quarter.
This certificate is triggered
on certain events, such as a change in the directors, or change of the
corporation’s address for service.
Tip: There
are different time periods for sending out the Information Certificate Update
depending on the type of triggering event. For example, if the board loses
quorum, this must be sent out within 5 days of losing quorum, whereas a
corporation has 30 days to send out the notice for a mere change in the number
of directors.
This notice contains the most
recent Periodic Information Certificate and Information Certificate Update.
A corporation must send this
notice to owners if it decides to post any of the information certificates
online (such as through property management’s web portal)
Proxies
This form must be used by
owners or mortgagees voting by proxy at a meeting of owners.
Tip: Proxy
forms can be used at an adjournment of a meeting of owners. If, for example,
there weren’t sufficient owners present at an AGM to pass a by-law, proxies
submitted for the purpose of passing a by-law at that AGM can be used at a
subsequent meeting of owners.
Notices
This notice is meant to give
owners an advance notice of the purpose of the meeting of owners.
Tip:
This must be sent out at least 35 days before the meeting date.
This form is required for
sending owners notice of an upcoming meeting of owners.
Tip: This
must be sent out 15-20 days before the meeting date.
Record
Requests
This form must be used when an
owner, mortgagee or purchaser requests records.
This form must be used by the
board of directors when responding to a record request from an owner, mortgagee
or purchaser.
Tip:
The board must respond to the request within 30 days.
This is an agreement between
the requester and the corporation that allows the requester to waive certain
rights with respect to the corporation’s response to the record request.
Other Forms
for Owners
This must be used by owners who
wish to call a meeting to fill vacancies on the board if the board loses quorum
and the remaining directors do not call within 15 days of losing quorum, or if
there are no directors in office.
This form must be used by owners if they wish to submit material to the
board to be included in the upcoming Notice of Meeting of Owners
Tip: Although
owners can request material to be included in the notice of meeting, the board
is not obligated to include this material unless the submission is made on
behalf of owners of 15% of the units (or more), and the submission would not
add anything that is contrary to the Condominium Act or the regulations.
C/O Lash Condo Law
