The AGM package

The AGM package is part of process to prepare the owners for their Annual General Meeting.

Giving notice to owners
Any notice that is required under this Act to be given to owners shall,

Be in writing;

The preliminary notice be given at least 20 days before the subsequent notice of meeting of owners.

The notice of meeting of owners be given at least 15 days before the day of the meeting.

A Preliminary Notice
The Preliminary Notice has two purposes:
(a)
If the AGM is to elect one or more directors, a request that each individual who intends to be a candidate for election to the board notify the board in writing, by a specified date of the individual’s intention, name and address;
(b)
a request that any owner who wishes that the board include any material in the notice calling the meeting provide the material to the board by a date that is specified in the notice and that is determined in accordance with the regulations.

Content of notice of meeting
A notice of meeting of owners shall,
(a)
specify the place, the date and the hour of the meeting, as well as the nature of the business to be presented at the meeting; and
(b) be accompanied by,

(i)
a copy of all proposed changes to the declaration, by-laws, rules or agreements that are to be discussed at the meeting,

(ii)
a copy of the requisition, if an owner has made a requisition under section 46, and

(iii)
all other material, if any, that is in addition to any material that the Act requires.

Matters at the meeting
No vote shall be taken at a meeting of owners on any matter other than routine procedure unless that matter was clearly disclosed in the notice of the meeting.

Quorum
1.1) A quorum for the transaction of business at a meeting of owners is;
(a)
those owners who own 25% of the units in the corporation, if it is the first attempt to hold the meeting;
(b)
those owners who own 25% of the units in the corporation, if a quorum is not present at the first attempt to hold the meeting and it is the second attempt to hold the meeting; or
(c)
those owners who own 15% of the units in the corporation, if a quorum is not present at the second attempt to hold the meeting and it is the third or subsequent attempt to hold the meeting.

Method of voting
Votes may be cast by,
(a)
a show of hands, personally or by proxy; or
(b) a recorded vote that is,

(i)
marked on a ballot cast personally or by a proxy,

(ii)
marked on an instrument appointing a proxy, or

(iii)
indicated by telephonic or electronic means, if the by-laws so permit.

Proxy
A vote cast by proxy is subject to the instrument appointing the proxy.

Request for recorded vote
At a meeting of owners, a person entitled to vote at the meeting may request that a recorded vote be held on any item scheduled for a vote either before or promptly after the vote.

Majority voting
Unless otherwise provided in this Act, all questions proposed for the consideration of the owners at a meeting of owners shall be determined by a majority of the votes cast by owners at the meeting.

The meeting notice
A notice is required to be given to owners and shall:
1.
be in writing.
2.
be given at least 15 days before the day of the meeting.
3.
be given to each owner who has notified the corporation in writing of the owner’s name and address for service.
4.
be given to each mortgagee of a unit who, under the terms of the mortgage, has the right to vote at a meeting of owners in the place of the unit owner.

Record of owners and mortgagees
The corporation shall maintain a record of the names and addresses for service that it receives from the owners. It is up to the owners to notify the corporation in writing of all changes in the address they want all correspondence to be sent. Often this is not done.

Record date
The persons whose names appeared in the record 20 days before the day of the meeting shall be deemed to be the persons to whom the notice is required to be given.

Service on owner
A notice that is required to be given to an owner shall be,
1.
delivered to the owner personally, or
2.
sent by prepaid mail addressed to the owner at the address for service that appears in the record, or
3.
sent by fax, e-mail if the owner agrees in writing that the corporation may give the notice in this manner; or
4.
delivered at the owner’s unit or at the mail box for the unit unless the corporation has received a written request from the owner that the notice not be given in this manner, or the address for service that appears in the record is not the address of the unit of the owner.

Timing
# of days
Purpose
20 days
A preliminary notice
01 day
Mail out the AGM packages.
02 days
For Canada Post to deliver the AGM packages to the owners that have not received the package in person or by electronic means.
15 days
Time for the owners to study the information and make arrangements to attend the meeting or select a proxy.
01 day The day of the AGM.
There is nothing to prevent the corporation from mailing out the packages early so there is no valid reason for them to be late.


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