Electronic meetings and online voting have quickly gone from a COVID-era workaround to the default way many Ontario condominium corporation run owners’ meetings and elections. That shift has real upsides: lower costs, fewer logistics, and often better turnout. But, now that Bill 91 (Less Red Tape, Stronger Economy Act, 2023) has permanently amended the Condominium Act, 1998 (the “Act”), boards also need to understand the new legal rules and the very real risks of getting the process, platform, or records wrong.

This article walks through the key benefits, legal requirements, and practical pitfalls of electronic notices, virtual and hybrid meetings, and e‑voting, so that Ontario condo boards and managers can use these tools with confidence.

What did Bill 91 actually change for condo meetings and voting?

As of October 1, 2023, amendments under Bill 91 made several temporary pandemic-era measures permanent for Ontario condo corporations. In broad terms, those amendments included the following:

  • Notices from the condominium can be sent to owners electronically without prior owner consent. 
  • Virtual or hybrid meetings for both owners and directors are now permitted unless a condominium’s bylaw expressly states otherwise. For clarification, a hybrid format combines in-person attendance at a physical location with simultaneous virtual participation via electronic means (online and/or telephone). All individuals attending a virtual or hybrid meeting must have the ability to reasonably participate and to “communicate with each other simultaneously and instantaneously”. 
  • Electronic voting is now permitted unless a condominium’s bylaw expressly states otherwise.

Importantly, these amendments do not override existing by‑laws that already restrict electronic notices, virtual/hybrid meetings, or e‑voting, so corporations still need to review and comply with their own governing documents.

What are the real benefits of electronic meetings and e‑voting for condos?

The amendments unquestionably assist condominiums in addressing important governance issues and responsibilities in a more efficient, effective, and cost-effective manner. At the same time, the changes also enhance the ability of owners to participate. These factors are largely responsible for why electronic notices, meetings, and voting have so quickly become the norm and why owners have largely embraced that change. 

What legal requirements apply to electronic notices and virtual meetings?

Electronic notices and email addresses: 

  • Condominiums may now assume that if an owner has provided an email address to the condominium, then the condominium may use it for electronic communication purposes. 
  • Section 46.1 of the Act, however, requires that the condominium keep a record of all email addresses used for communication purposes.

Virtual and hybrid meetings: 

  • If a meeting will be held virtually or in hybrid format, clear instructions must be provided to owners on how to attend, participate in, and vote at such meetings. 
  • No physical location needs to be specified for fully virtual meetings. Clear and satisfactory instructions will likely require provision of one or more step-by-step guides, hosting a practice session for less tech-savvy owners, and perhaps setting up a helpline for technical support during the meeting. 

Electronic voting:

  • Owners may vote electronically (including by phone, fax, or electronic ballot) without the need for a new by‑law, unless an existing by‑law restricts this.
  • The corporation’s records must include a record of all votes cast at meetings, regardless of whether they were submitted electronically, in person, or by proxy, and those records must be retained for the prescribed minimum period.

Boards should also remember that these comments are in addition to the other requirements of the Condominium Act, 1998 and the corporation’s governing documents, and that they can still pass by-laws to clarify how electronic meetings and e-voting will be conducted, or to restrict them, as long as those by-laws comply with the Act.

How should boards choose the right electronic platform?

Choosing the right platform is no longer just an IT decision; it is central to meeting quorum, protecting voting integrity, and avoiding governance disputes.

When evaluating platforms for virtual or hybrid meetings and e‑voting, boards should look for:

  • Accurate attendance tracking. The platform should support real‑time tracking of who is present virtually and allow managers to reconcile that list with in‑person attendance and proxies so that no owner is counted twice for quorum.
  • Robust voting records. The system should record and retain all votes submitted electronically and make it easy to retrieve voting records if results are challenged after the meeting.
  • Flexible voting configurations. The platform should be able to handle different categories of voters and votes, such as owner‑occupant director elections where only eligible owner‑occupants are entitled to vote.
  • Accessibility features. Features like closed captioning, screen reader compatibility, and simple interfaces are important to ensure that owners with disabilities or other challenges can participate fully.
  • Security and privacy controls. The platform should offer secure links, access controls, and appropriate data protection, especially where financial or personal information will be discussed or displayed.

An inadequate or poorly configured platform can undermine confidence in the meeting, create uncertainty about quorum and vote counts, and increase the risk of disputes.

How can boards keep owners engaged in virtual meetings?

Virtual meetings tend to make it easier for owners to attend, but also easier for them to tune out. To keep engagement high:

  • Explain how to participate. At the start of the meeting, take a few minutes to show owners how to raise their hand, submit questions, and unmute their audio so they can participate in discussions.
  • Use clear, simple procedures. Explain how motions will be made and seconded, how votes will be conducted, and when results will be shared, before discussing substantive business.
  • Consider polls and focused Q&A. For more complex or sensitive topics, consider using built‑in polling tools or structured Q&A segments so owners can react and ask questions in a manageable way.
  • Offer a practice session. For communities with less tech‑savvy owners, a short “test your connection” session before the AGM can reduce stress and technical interruptions during the actual meeting.

These simple steps can help ensure that electronic meetings support, rather than undermine, meaningful owner discussion before votes are cast.

What should boards know about security, documents, and outdated emails?

Security and document delivery

  • Boards should confirm that the platform uses secure links and suitable access controls to prevent unauthorized access, particularly if unit‑specific or sensitive information will be discussed.
  • Meeting materials and other documents can be delivered electronically, for example through email or a secure portal, but corporations should be ready to provide paper copies on request for owners who cannot easily access documents online.

Managing outdated or inactive email addresses

  • Even though the onus is on owners to notify the corporation of changes to their email address, in practice some will not do so promptly, which can lead to failed service and missed notices.
  • Corporations can reduce this risk by regularly prompting owners to confirm or update their contact information in information certificates, annual meeting packages, and portal log‑ins.
  • Some managers also send a brief “test” communication ahead of major meetings to identify invalid addresses before formal notices go out.

These practical measures help support the legal goal of ensuring that all owners receive information and have a fair opportunity to participate.

What is the bottom line for condo boards?

Electronic notices, virtual and hybrid meetings, and e‑voting are now embedded in the Condominium Act, 1998 and are here to stay for Ontario condominiums. Used thoughtfully, they can improve turnout, streamline meetings, and reduce costs. Used carelessly, they can lead to disputes about quorum, vote counts, accessibility, and procedural fairness.

If your condominium corporation is revising its meeting and voting practices or considering an electronic meetings and e‑voting by‑law, our Condominium and Strata Law team can help you design a framework and select tools that comply with the Act and work for your community.