Preparing for a strata general meeting (AGM or SGM)

There are legal requirements for strata corporations and sections for holding and conducting annual general meetings (AGMs), special general meetings (SGMs) and strata council meetings. There are also legal requirements for voting, including the voting process and types of votes.

Learn more on this page about preparing for general meetings:
Requirements to hold AGMs
Calling a special general meeting
Placing an item on the agenda of a general meeting
Information meetings
Documents to prepare
Requirement to give advance notice
Methods of giving notice
Calculating notice period runs

Requirements to hold AGMs

An AGM must be held every year; no later than two months after the strata corporation’s fiscal year end, unless the meeting is waived. Any section within a strata corporation must also hold an AGM, in addition to the strata corporation's AGM.  

An AGM can be waived if all eligible voters waive, in writing, the requirement to hold an AGM and if they pass resolutions in writing to:

• approve next year’s budget
• elect the strata council by acclamation and
• deal with any other business

For new strata corporations, the owner-developer is responsible for arranging the first AGM within six weeks of the earlier of the following dates:

• nine months from the date of the first conveyance of a strata lot or
• the date that 50% plus one of the strata lots are conveyed to purchasers

Calling a special general meeting

In addition to annual general meetings (AGMs), special general meetings (SGMs) can be held. SGMs can be used as a forum to discuss issues, to make decisions and to resolve  matters. Like AGMs, SGMs have specific legal requirements.

A strata council can call a special general meeting. 

A special general meeting can also be called by persons holding at least 20% of the strata corporation's votes by following these steps:

• the owner or tenant must present the strata council with a written demand signed by persons holding at least 20% of the strata corporation’s votes
• once the request has been presented to the strata council, the strata council has four weeks from the date of the request to hold the special general meeting; if the petition requires the strata corporation to consider a winding up resolution (termination), the strata corporation must hold the meeting within eight weeks after the demand is given
• if the meeting is not held within four weeks, or eight weeks if the meeting is to consider a winding up (termination) resolution, the persons who have signed the demand for the meeting may call and hold the meeting (unless all the eligible voters, in writing, waive the need to hold the meeting and consent to the resolution)
• the resolution or other matter specified in the demand for the meeting must be the first item on the meeting’s agenda

For resolutions requiring a 3/4 vote, if the proposed resolution was included with the notice of the meeting, the owners could pass resolutions:

• to designate certain common property as limited common property or to change the use of certain common property
• to cancel the strata management contract
• to create, amend or delete bylaws, or
• any other resolution that would resolve a matter.

Please note that for residential strata corporations, a unanimous vote is required if bylaws are changed before the second annual general meeting. If the strata lots are non-residential, bylaws may be amended prior to the second AGM by a ¾ vote or some other voting threshold set out in a bylaw.

At the general meeting, the strata lot owners can also, by majority vote, direct or restrict the actions of the strata council, except in the following circumstances:

• when the direction or restriction is contrary to the Strata Property Act, Regulations or the bylaws
• when the direction or restriction interferes with the council’s discretion to determine: 
  - whether a person has contravened the bylaws, should be fined and the amount of the fine
  - whether the person should be denied access to a recreational facility
  - whether a person should be required to pay the reasonable costs of remedying a contravention of the bylaws or rules
  - whether an owner should be exempted from a bylaw that prohibits or limits rentals

Strata council members can also be removed at a general meeting. Under the Standard Bylaws (which can be amended), one or more strata council members can be removed by a majority vote of the owners at a general meeting. The owners must then elect a replacement strata council member(s).

Placing an item on the agenda of a general meeting

If the matter is not urgent, an owner or tenant can propose a resolution or matter to be included at the next annual or special general meeting as follows:

• the owner or tenant must present the strata council with a written demand signed by persons holding at least 20% of the strata corporation’s votes
• the resolution or matter raised in the written demand must be included in the notice of the meeting and appear on the agenda

Information meetings

In addition to AGMs and SGMs, strata corporations (and sections) can hold information meetings to share information with owners and residents and have general discussions. Information meetings are often scheduled 4 to 6 weeks before an AGM or SGM.

Documents to prepare

The following documents must be prepared for the AGM or SGM:

• agenda. The strata council (or section executive) determines the agenda but a resolution can be added to the agenda if approved by 20% of the strata corporation's voting members
• budget and financial statements (these must be prepared for the AGM)
• exact wording of resolutions that need to be passed by a 3/4, 80%, or unanimous vote including any special levies and expenditures from the contingency reserve fund

Requirement to give advance notice 

The notice of the AGM or SGM (the "Notice") must be given to all persons who are entitled to receive notice. 

The notice must include:

• the date, time, and if applicable, place of the meeting
• instructions for participating by phone and/or other electronic means if permitted
• a description of matters to be voted on
• the exact wording of resolutions that need to be passed by a 3/4, 80%, or unanimous vote
• the budget and financial statements (for an AGM)
• all matters or resolutions that are on the agenda by the written demand of 20% of the eligible voters

Persons entitled to receive notice of a general meeting

The strata corporation must give the notice two weeks, or four weeks if the agenda includes a winding up (termination) resolution, before the AGM or SGM date to the following persons:

• every strata lot owner
• every mortgagee who has filed a “Form C: Mortgagee’s Request For Notification”
• every tenant who: has been assigned a right to vote; or has a lease of three years or more; and if the strata corporation has received notice of the assignment or leasing arrangements.

As long as the strata corporation has made reasonable attempts to give the notice to all necessary persons, no vote taken at an AGM or SGM will be invalid because someone has not received the notice.

Methods of giving notice 

Notice of an annual or special general meeting can be given in the following ways:

If a person has provided the strata corporation with an address for receiving notices that is outside of the strata development, then notice can be delivered by:

• personally leaving it with the person or
• mailing to the address provided by the person

If a person has not provided the strata corporation with an address for receiving notices that is outside of the strata development, then notice can be delivered by:

• personally leaving it with the person
• leaving it under the door of the person’s strata lot
• leaving it with an adult occupant of the person’s strata lot
• mailing to the strata lot address
• putting into the mail box or mail slot for the strata lot
• faxing it to a fax number provided by the person
• emailing it to an email address provided by the person for the purpose of receiving the notice, record or document

If notice has been given by any of the above methods, except by giving it to the person, the notice is deemed to be received by the person four days after it was given.

Calculating notice period runs

There are two types of notice: deemed and actual.

"Deemed" notice

• mailing to address provided by the person
• leaving it under the strata lot door
• leaving it with an adult in the strata lot
• mailing it to the strata lot address
• putting it in the strata lot mail box
• faxing it to a fax number provided by the person
• emailing it to an email address provided by the person for the purpose of receiving the notice, record or document

"Actual" notice

• actually handing it to the person

Example: calculating notice period runs for two weeks notice

Under the provincial government’s Interpretation Act, if the reference to time includes phrases such as “clear” days or weeks, or “at least” in reference to days or weeks, the time must be calculated by excluding the first day and the last day of the period. Another way of thinking about the days that must be excluded is to think that nothing can happen on those days.

When calculating the number of days within the two week notice period for an AGM or SGM, the day the notice is given (Day 1 in the example above), or is deemed to be received (Day 5 in the example above) cannot be counted as one of the days. The AGM or SGM cannot take place on the last day of the notice period (Day 15 or Day 19 in the example above).  It can only take place on any of the days following the last day of the notice period (Day 16 or Day 20 as per the example above).

References:
Strata Property Act: Sections 40, 41, 44-46, 61, 103

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