Before or at the time a corporation sends the notice of an annual general meeting in accordance with section 30(3) of the Act, the corporation shall provide an owner or mortgagee who has given written notice under section 26(3) of the Act with minutes of all board meetings that have been held since the last annual general meeting.
This refers to An AGM (held annually) where a Board must provide in the AGM package a copy of ALL board meeting minutes along with the AGM minutes of the last AGM. The previous years AGM minutes can be be in draft format but MUST be out to the with in 30 days. 
(1) Subject to section 20.53, a corporation shall send a preliminary notice of an annual general meeting in writing at least 60 days before the date of the annual general meeting.
Currently AGM notices depends on the bylaws and go out with 30 or 14 days notice. Board are nowrequired to send out a save the date notice 60 days before the AGM.
(2) A preliminary notice of an annual general meeting must contain the following information:
  • (a) the date of the annual general meeting;
  • (b) a call for agenda items and a deadline for submission of proposed agenda items, which must not be more than 30 days before the annual general meeting;

This item is new. However, at most AGM’s we attend we ask owners during “new business” if there is anything that requires discussion.

  • (c) a statement that a proposed agenda item submission must include
    • (i)  a description of the proposed agenda item that provides sufficient detail and clarity for the purposes of a vote by owners on the contents of the meeting agenda, and
    • (ii)  any other information necessary to effectively consider the proposed agenda item;

These are the requirements for submitting an agenda item for the AGM and the board must include this information in the save the date.

(d) a statement that the owners present at the annual general meeting will decide the contents of the agenda by a majority vote at the beginning of the annual general meeting;
Agenda items will be voted on at the begging of the AGM
(e) if the corporation accepts electronic submissions of proposed agenda items, the specific electronic address to which proposed agenda items may be submitted.
Owners will be able submit agenda items online, if the corporation can accommodate. 
(3) Despite subsection(2),a corporation shall include, in the preliminary notice for the first annual general meeting to be held after July 1, 2019, notice that the requirements governing proxies have been amended and that proxies given on or before July 1, 2019 may no longer be valid.
Because of the new rules for proxy forms, Any meetings taking place after July 1, 2019 must resend proxy forms.
(4) An owner may submit a proposed agenda item by sending the description of the item
  • (a) to the corporation’s address for service,

Most likely at with the management company

  • (b)  to the corporation’s electronic address, if the corporation has provided it to the owners, or
  • (c)  by a method of service set out in the bylaws or specified by a board resolution.

Proposed agenda items in meeting notice

20.52 
A written notice of an annual general meeting sent under section 30(3) of the Act must include a summary of the proposed agenda items submitted under section 20.51(4).
This is where the board must send out the office notice of the AGM. The proposed agenda items will need to be included.This also must include hard copies of all the board meeting minutes.

Information provided after annual general meeting

20.54(1) Within 30 days after an annual general meeting, a corporation shall provide an owner or mortgagee who has given written notice under section 26(3) of the Act with the following:
  • (a)  the approved minutes, or draft minutes if no minutes have been approved, of the annual general meeting

Draft minutes of the AGM minutes must be sent to the owners with in  30 days of the AGM

  • (b)  a copy of the notice filed at the land titles office under section 10.1(1) or 28(5) of the Act that reflects the current composition of the board.
(2) The approved minutes or draft minutes provided under subsection(1)(a)must include records of the votes held at the annual general meeting, recording the following:
  • (a)  if an ordinary resolution was proposed and a poll vote was conducted,
  • (i)  the number of units and unit factors present in person or by proxy at the meeting voting in favour of the resolution, and
  • (ii)  the number of units and unit factors present in person or by proxy at the meeting not voting in favour of the resolution;
  • (b)  if an ordinary resolution was proposed and a vote by a show of hands was conducted, a record of the result;
  • (c)  if a special resolution was proposed,
  • (i)  the number of units and unit factors in favour of the resolution, and
  • (ii)  the number of units and unit factors not in favour of the resolution;
  • (d) for an election of board members determined by a vote, the number of votes in favour of each candidate.
If  a vote for a special resolution took place, the results of the vote must be disclosed with in 30 days 

Disclosure of voting results

20.55
(1) Within 30 days after the date on which votes must be received by the corporation on a particular vote conducted in writing, a corporation shall, subject to section 20.53, provide the results of the vote to each owner and each mortgagee who has given written notice under section 26(3) of the Act.
(2) The voting results under subsection(1)must be provided in a manner that does not identify a unit or a person who cast a vote.
Identities of the ownership must be protected when releasing the results. 
20.57
(1) Subject to subsection(2),the following information and documents are prescribed for the purposes of section 44 of the Act:
  • (a) the particulars of
  • (i) any action commenced against the corporation in respect of which the corporation has been served, including the amount claimed against the
  • (ii) any unsatisfied judgment or order for which the corporation is liable,and
corporation,20.57: (i) Suggest this would be a “Statement of Claim” served upon the Corporation through a legal procedure. Normally included in the “Owner Occupancy” document 
  • (iii) any written demand made on the corporation for an amount in excess of $5000 that, if not met, may result in an action being brought against the corporation;

this outlines the fines if the the timeline of the documents are not met! Most of these documents are very standard procedure for most management companies to produce. However the Alberta government has set limits on what one can charge for the docs. 

  • (b) a statement setting out the amount of the capital replacement reserve fund;
  • (c) a statement setting out the amount of the contributions and the basis on which that amount was determined;
  • (d)  a statement setting out any structural deficiencies that the corporation has knowledge of at the time of the request in any of the buildings that are included on the condominium plan;
  • (e)  loan disclosure statements for current loans, including documents showing the starting balance, current balance, interest rate, monthly payment, purpose of the loan, amortization period and default information, if applicable;
  • (f)  the particulars or a copy of any subsisting or prior management agreement;
  • (g)  the particulars or a copy of any subsisting recreational agreement;
  • (h)  the particulars respecting any post tensioned cables that are located anywhere on or within the property that is included in the condominium plan;

Post tensioning was very popular n the 1970 and 1980’s. They were very popular in apartment buildings, office buildings, bridge and parkades. 

It is required by law that these are tested on regular basis and the tests are to be delivered within the time frame in the act. For more information check out this link on our FAQ page on post tensioning.

http://www.connellymanagement.com/faq-items/posttension/

  • (i)  a copy of the budget of the corporation;
The budget for the corporation is generally mailed out to all owners each year. However, on written demand it must be provided
  • (j)  a copy of the annual financial statements;
Normally, these are the audited financial statements however, it is not specified. These can be un audited as well.
  • (k)  a copy of the bylaws;
Most owners SHOULD have a copy of their bylaws. This is one of the most important documents when buying a condo.
  • (l)  in respect of a particular fiscal year, a copy of
  • (i)  all approved minutes(ofproceedings) of all general meetings of the corporation, if available,
  • (ii)  draft minutes of general meetings, if approved minutes are not available, for meetings that occurred at least 30 days before the date of the request, and
This has been standard procedure for our company for over 20 years. Normally, the AGM minutes of the previous year are past during the current AGM
  • (iii)  approved minutes of board meetings;
As mentioned in the previous section about the AGM all minutes MUST be sent out to the owner. This CANNOT be in digital format. Unfortunately, this mean board have to mail out physical copies to all owners. How many owners do you think will read them? 5%? MAYBE
  • (m)  a statement setting out the unit factors and the criteria used to determine unit factor allocation;
  • (n)  a copy of any lease agreement or other exclusive possession agreement with respect to the possession of a portion of the common property or real property of the corporation, including a parking stall or storage unit;
  • (o)  a consolidation of all the rules made by the corporation under section 32.1 of the Act;
All rules dated before July 1, 2019 must also be sent out to the owners within 90 days of of July 1, 2019 or they will be null and void.
  • (p)  a list of the names and addresses for service of the members of the board;

Otherwise known as the form 8, The new regulations advise these must be filled within 30 days of the AGM. This shouldn’t effect owners all that much. Our new procedure is to bring one with us to the AGM and have it signed immediately by the new board,

  • (q)  the text of ordinary and special resolutions voted on by the corporation and the results of the voting on those resolutions, other than the results of a vote conducted by a show of hands;

The condominium corporation is responsible for releasing any results of votes at the AGM no later than 30 days after the date of the meeting. Electronic distribution is not mentioned so we assume that email, portal or other electronic means is allowed. 

  • (r)  copies of reports prepared for the corporation by professionals, including professional engineers but excluding reports requested and obtained by the corporation’s legal counsel in relation to actual or contemplated litigation;
  • (s)  copies of insurance certificates held by the corporation;
This has always been standard procedure. However, pricing for these documents have changed a lot.
  • (t)  copies of policies of insurance held by the corporation;
Policies have always been made available by the corporation. However, this new law changes what boards are allowed to sanction for and policies can not be sanctioned against. boards have 90 days after July 1, 2019 to release policy information to owners or they will no longer be valid. Since you cannot fine for these there isn’t much point in renewing them. Policies will have to be voted in as bylaws. This is can be a costly expense for small buildings especially.
  • (u)  copies of reserve fund plans, reserve fund reports and annual reports.

Again, this is a regular document provided by the corporation.  a Reserve fund study is a multi year plan that assist condominium boards to put away money base on the life span of major elements around the building. Providing this document at seriously reduced rate is fine. However, they have changed a lot of the rules around who can provide a such a document adding at least $5,000 a year to most buildings budgets, we will touch on this again later. For more information on reserve fund studies check our link below

https://www.connellymanagement.com/faq-items/reservefundstudy/

(2) Subsection(1)applies
  • (a)  to information or documents to which section 20.59(2) applies, only for the applicable retention period determined under section 20.59(1), or
  • (b)  to information or documents created before July 1, 2019, only if the corporation possesses or has access to the information or documents.
We will be attaching a document from the Government Alberta relating to retention of the documents. It is important to note that these retention rules DO NOT apply to any document before Jan1 ,2019.
(3) An owner is not precluded from making copies of any documents provided under section 44 of the Act and providing copies of these documents to other persons.
This seems pretty straight forward. We have had complaints from engineers, requesting people not photo copy reserve fund studies and post tension reports as the intellectual property does belong to them.
20.571
(1) A corporation or any person providing documents on behalf of a corporation may charge fees not exceeding the following amounts for the provision, in the ordinary course, of the following classes of documents:
  • (a)  a certificate provided under section 43.2 of the Act, $100;
Known as the “Estoppel Certificate” this is usually ordered by your lawyer during closing. We have already adjusted our pricing for this as of June 15th. on docs.connellymanagement.com.
  • (b)  a document other than a certificate referred to in clause(a),$10, subject to subsections(2)and(3).

Connelly & Company has adjusted our pricing to reflect the new act on our docs site We will not be charging for our management agreement or the most recent financials but they will be need to be ordered. 

(2) Where a document listed in section 20.57(1) contains or is attached to another document listed in section 20.57(1), the contained or attached document constitutes part of the other document for the purposes of subsection(1),with the result that a fee may be charged for only one document.
(3) If a person requests that a document described in section 20.57(1)(a),(b),(c),(d)or(e)be produced within 3 days of the request, excluding a holiday as defined in the Interpretation Act, and the corporation produces the document within 3 days, subject to the bylaws, the corporation may charge a fee of up to $30
Rush documents may be sold at $30 per instead of ten.

20.58 

Where a bylaw or a provision of the Act or this Regulation requires a corporation to provide, without request, information or documents, the corporation shall not charge for providing the information or documents in accordance with the bylaw or provision.

(1) A corporation shall retain the documents and information described or set out in the first column of Schedule 3 for the corresponding time period set out in the 2nd column of Schedule 3, or the time period set out in the bylaws, whichever period is longer.

(2) A corporation may retain a document or information referred to in subsection(1)in an electronic format if the document is complete, is legible in its entirety and may be reproduced by the corporation in an electronic format or in a hard copy format.

(3) If a version of a document in an electronic format complies with subsection(2),the version in an electronic format is considered the original document.

(14) Section 44.2 of the Act does not apply to documents that on the coming into force of this section no longer exist and documents that, as of December 31, 2018, the corporation no longer has control over or access to.

this means condominium corps are not required to provide any document older than December 31, 2018.

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