Condominium Changes 2019: Condominium Act Regulations: Meetings and Voting: Voting By Corporation & Electronic Voting

Anyone engaged in service on a condominium board has heard the news, change is coming. Just before Christmas, Service Alberta released 91 pages of new regulations that will impact your role as a board member, how your board operates and how our employees support you. The regulatory changes will usher in a sweeping set of new requirements that touch on everything from meeting agenda, to insurance, to notices, voting and much, much more.

Our team has already been working to analyze and plan for how these changes will impact your community. As that process continues, we will be providing you with a series of articles that focus on each of the major changes, so you can get up to speed. This article is part of a series that will focus on the regulatory requirements that will come into effect on July 1, 2019.

Voting by the Corporation

The regulations provide guidance on how to handle votes on units owned by the corporation. For purposes of the regulation, the corporation is the condominium association. Under the regulations, the total number of unit factors for the parcel is 10,000 minus the total unit factors controlled by the corporation. The total number of units for this formula equals the number of units shown in the condominium plan, minus the total number of units controlled by the corporation. When conducting a vote, a unit owned by the corporation is not considered a unit for which the owner has the right to vote.

Electronic Voting

The regulations also make it clear that a corporation can use electronic voting if the bylaws provide that electronic voting is an acceptable means of voting, specifies the types of voting that may be conducted electronically and the security requirements for electronic voting, including any encryption and authentication requirements. The regulations also note that if the board is aware or ought to be aware that the authenticity of the electronic vote may be compromised, then it is improper to conduct such a vote or treat it as valid.

While electronic voting is emerging as a means for many associations to engage higher participation by residents, communities without provisions in their bylaws will have to take on the task of amending them prior to being able to utilize electronic voting.

Conclusion:

The new regulations always add steps to the process for boards. It is important that as the effective date of the new requirements approaches, that your board is aware of the new requirements and what it may mean for your processes. As in any significant regulatory change, especially one that involves an owner’s ability to participate in the governance of the community, it is important to consult qualified counsel to address any substantive questions on the implications of the pending changes.