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PhilR
A quagmire in two parts:
Part 1
As is the case with many Condo Corporations and Boards, our Board has recently cancelled our AGM that was to have been scheduled on November 21st due to concerns over Covid-19 and recent changes to AHS guidances on gatherings. It’s my understanding that audience/meeting type gatherings are still permitted and the limit to people attending are between 50-100 people as long as social distancing procedures are followed. https://www.alberta.ca/coronavirus-info-for-albertans.aspx
Because any delay in our AGM would put us over our 15 months (including the delay for the last ministerial order), if the Board does not hold the AGM within this calendar year are they still a legally constituted Board? I’d really like your opinions on this one!
Some background. Only 3 of potentially 9 board members would be in the 2nd year of their term, there are at least 6 people who have expressed their intention to run for the Board, there are 4 current Board members that have committed to running again. Our Bylaws say there must be between 5-9 Board Members. So with only 3 members of the Board remaining, and being past due on the Bylaw requiring an AGM within 15 months or the calendar year subsequent to the last AGM, do we have a legally constituted Board and can they legally continue to carry on with conducting the affairs of the Corporation?
Part 2
Part of the problem remains with Service Alberta and Minister Glubish’s lack of attention to the paradox between Boards trying to keep people safe during the pandemic and Service Alberta’s recommendations that the Bylaws still need to be followed and to seek legal advice to solve disputes or interpretations of how the Bylaws still control the business of the Corporation.
I would encourage COF and their members to advocate with Minister Glubish and Service Alberta that they assist Condo Boards that are dealing with the paradox noted above by issuing a new ministerial order dealing strictly with AGMs as follows:
That in light of worsening conditions of the Covid-19 pandemic that Bylaws concerning how AGMs are to be held are to be suspended and that during this ministerial order is in place that Corporations be permitted to hold AGMs in any manner that would allow the majority of Owners in any given Condominium Corporation to obtain information from the Board that is required at an AGM and vote on motions and elect new Board members safely. Bylaws outlining the time frame within which AGM are required would still be in place.
If you agree with the outline of a ministerial order listed above and would like to send your comments directly to Minister Glubish here is his email address: ministersa@gov.ab.ca
