Page one of a search on this question still disagrees with itself: some sources say a by-law is needed, others say it is not, and some point to rules that expired years ago. The current text of the Condominium Act, 1998 settles it. This guide quotes it, then covers the parts a board actually trips on: quorum, notice and records.
The rule since October 1, 2023
Two provisions, both in force since October 1, 2023, carry the rule.
Meetings. "Subject to the by-laws and subsection (8), a meeting of owners may be held entirely by one or more telephonic or electronic means or by any combination of in-person attendance and by one or more telephonic or electronic means" (s. 45 (6)).
Votes. "Subject to the by-laws, a vote by a show of hands or by a recorded vote may be conducted entirely by one or more telephonic or electronic means or by any combination of in-person voting and by one or more telephonic or electronic means" (s. 52 (1.1)).
So a virtual or hybrid meeting, and electronic voting, are allowed by default. A by-law is not what permits them.
What can a by-law still do?
A by-law can only narrow or frame the default. For meetings, it may limit the manner or manners in which a meeting may be held, and specify requirements for holding one that way (s. 45 (7)). For votes, it may limit the method or methods by which a vote may be conducted, and specify requirements for those methods (s. 52 (1.1.1)).
Before choosing a format, read your corporation's by-laws for any such limit. If there is none, the Act's default applies.
The one condition every format must meet
A meeting held by telephonic or electronic means, in whole or in part, "must enable all persons entitled to attend the meeting to reasonably participate" (s. 45 (8)). In practice that means owners can hear, be heard, ask questions during the meeting and vote, and that someone without the right device has a way in, whether a phone line, an in-person room or help ahead of time.
A person who casts a vote, before or at the meeting, or attends by telephonic or electronic means is "deemed for the purposes of this Act to be present at the meeting" (s. 45 (9)). That is what lets electronic attendees count toward quorum.
Notice of a virtual meeting
The usual notice rules apply. A preliminary notice goes out at least 20 days before the notice of meeting (s. 47 (1) (c)), and the notice of meeting goes out at least 15 days before the meeting (s. 47 (1) (b)). The notice must specify the place, date and time and the nature of the business (s. 47 (7) (a)), but "need not specify a place of the meeting if the meeting is to be held entirely by one or more telephonic or electronic means" (s. 47 (7.1)).
Notices may be sent to an owner's electronic communication address that appears in the corporation's record of owners, unless the by-laws prevent it (s. 47 (4) (c)). No vote may be taken on anything other than routine procedure unless it was clearly disclosed in the notice (s. 47 (8)).
Quorum, including the 15 per cent rule
For most meetings of owners, quorum is the owners of 25 per cent of the units (s. 50 (1)). For the annual general meeting and the turn-over meeting, the Act steps it down on repeated attempts (s. 50 (1.1)):
| Attempt | Quorum |
|---|---|
| First attempt | Owners of 25 per cent of the units |
| Second attempt | Owners of 25 per cent of the units |
| Third and later attempts | Owners of 15 per cent of the units |
Three details decide whether the lower quorum can actually be used:
- a by-law registered after this rule came into force may keep the quorum at 25 per cent (s. 50 (1.2));
- at the second and later attempts, no vote may be taken on anything other than routine procedure unless it was clearly disclosed in the notice of the first attempt (s. 50 (1.3));
- to count, an owner must be entitled to vote and be present at the meeting, which includes electronic attendance, or represented by proxy (ss. 50 (2) and 45 (9)).
Voting rules that do not change online
Voting is one vote per unit (s. 51 (2)). Questions are decided by a majority of the votes cast, unless the Act provides otherwise (s. 53). A proxy must be in writing, for one or more particular meetings, and on the prescribed form (s. 52 (4)). Any person entitled to vote may ask for a recorded vote on an item, before or promptly after the vote (s. 52 (2)).
Keeping the records
Ballots and proxies submitted at or before the meeting, "including, for clarity, any record of votes cast through telephonic or electronic means", are records of the corporation (s. 55 (1), para. 10). They must be retained for at least 90 days after the meeting, or longer if the corporation receives written notice of actual or contemplated litigation about them within those 90 days (O. Reg. 48/01, s. 13.1 (2), para. 3). Minutes of the meeting are kept permanently (s. 13.1 (2), para. 2).
A checklist for the board
- Read the by-laws for any limit on meeting manner or voting method.
- Pick a format that lets every person entitled to attend reasonably participate, and say in the notice how to join and vote.
- Send the preliminary notice, then the notice of meeting, on time; disclose every item to be voted on.
- Plan for quorum: if this is an AGM that may need a third attempt, put everything you will want to vote on in the first notice.
- Keep the electronic vote records for at least 90 days, and the minutes permanently.
The meeting calendar sits alongside the board's other recurring duties, gathered in running a self-managed condo corporation in Ontario. A reserve fund funding plan, by contrast, needs no owners' vote at all, as the Notice of Future Funding guide explains.
Sources
- Condominium Act, 1998, S.O. 1998, c. 19, ss. 45, 47, 50 to 53 and 55 (1), as amended by S.O. 2023, c. 9, Sched. 7 (in force October 1, 2023).
- O. Reg. 48/01 (General), s. 13.1 (2).
This guide summarizes the Condominium Act, 1998 and its regulations as of October 21, 2026. It is general information, not legal advice. For a decision about your corporation, consult an Ontario condominium lawyer.