Condo Owner Voting, Proxies and Meetings in Ontario: What to Know

If you own a condo unit, your vote is one of the main ways you influence how the building is run. Owners vote on some of the biggest decisions, from changes to the declaration to new by-laws, and many owners are unsure how that works in practice.

This article explains the framework that sits behind owner votes in Ontario, the approval levels that apply to different kinds of changes, and how to approach a meeting that looks flawed. Quorum, proxy and election details differ between buildings, so you will need your own documents in hand.

Where your voting rights come from

Your rights as an owner come from layers of documents. Ontario condos are governed in this order: the Condominium Act, 1998, then the declaration, then the by-laws, then the rules. If they conflict, the Act takes priority.

That order matters at a meeting. A by-law or rule cannot override the Act, so a procedure that seems to be allowed by your by-laws may still be open to question if it conflicts with the Act.

What owners vote on

Different changes need different levels of owner support. The table sets out the approval paths for changes to the governing documents.

Approved by-laws are registered in the Land Registry Office. That registration is one more thing you can check if you doubt that a by-law was properly passed.

Rules and the owners' right to challenge them

Rules are different from by-laws because the board makes them without a vote at the start. The board can make or change rules after notifying owners, and a rule takes effect unless owners request a meeting to challenge it before its effective date.

Rules may promote safety, security and welfare, or prevent unreasonable interference with the use and enjoyment of units and common areas. If you disagree with a new rule, the timing is important, because the request for a meeting must come before the rule's effective date.

Quorum, proxies and board elections

Questions about how many owners must be present, how a proxy must be signed and delivered, and how directors are nominated and elected are answered by the Act together with your corporation's declaration and by-laws. The exact requirements can differ from one building to the next, so it is worth reading your own documents rather than relying on what is true in another condo.

A proxy is simply a way of authorizing someone else to vote for you when you cannot attend. Before you sign one, check who you are naming, what the form lets them decide, and whether your documents set any limits.

• Read the notice of meeting for the date, time and agenda items.
• Check your by-laws for quorum, proxy and election procedures.
• Confirm how proxies must be completed and returned.
• Ask the corporation for the voting list or procedures if they are unclear.

If a meeting or vote looks flawed

A vote may look flawed if the notice was unclear, proxies were handled inconsistently, or a change was treated as passed without the approval level that applies. Whether a defect is serious enough to undo a result depends on the facts and on what your documents and the Act require.

Start by writing down what happened and keeping copies of the notice, agenda, proxy forms, minutes and any messages with the board or manager. Compare what happened against the approval levels above and against your own by-laws. Because the outcome turns on the details, a lawyer can confirm whether the problem is significant and what options you have.

What to do next

• Get current copies of your declaration, by-laws and rules.
• Note any deadline, such as the date a new rule takes effect.
• Keep the meeting notice, minutes and proxy forms.
• Raise concerns with the board in writing.
• Speak with a lawyer before taking formal steps.

Frequently asked questions