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Getting ready for an AGM or SGM

What are general meetings?

The Strata Property Act (SPA s. 40) requires all stratas including duplexes to hold an annual general meeting (AGM) each year to receive a financial report for the end of the previous year, review insurance, approve a budget for the coming year, elect a strata council, and vote on other resolutions if needed.

A special general meeting (SGM) may be needed from time to time to vote on matters that arise during the year. They are usually called for a specific purpose such as to authorize an expenditure from the contingency reserve fund, pass a special levy, or amend the bylaws. While SGMs are usually called by council, there is a process in the SPA for owners to call an SGM. See SPA s. 43.

Town hall and information meetings are helpful to discuss topics, do a presentation, or share information. While a show of hands could help council understand the level of interest on a matter, the strata corporation cannot conduct formal business. No voting or decisions can be made at informal meetings.

What’s the deadline to hold an AGM?

An AGM must be held no later than 2 months after the strata corporation’s fiscal year end (SPA s. 40).

If an SGM has been called by voters under SPA s. 43, the strata corporation must hold the SGM within 4 weeks after the demand is given to the strata.

Can an AGM or SGM be waived?

Under SPA s. 41, an AGM may be waived if all eligible voters (every strata lot) waive, in writing, the holding of the meeting and consent, in writing, to resolutions that:

  • approve the budget for the coming year fiscal year
  • elect a council by acclamation, and
  • deal with any other business (approve any other resolutions)

If a strata lot has more than one owner (2 or more persons share one vote with respect to a strata lot), all of them must consent to the waiver of the meeting and to the resolutions.

SPA s. 44 sets a similar conditions for waiving an SGM. It says that a strata corporation does not have to hold a SGM to consider a resolution if all eligible voters waive, in writing, the holding of the meeting and consent, in writing, to the resolution. If 2 or more persons share one vote with respect to a strata lot, all of them must consent to the waiver of the meeting and to the resolution.

Who calls the meeting?

Usually an AGM or SGM is called by the council. Under Standard Bylaw 18, decisions must be made by a majority of council members present in person at the meeting. This includes decisions to hold an AGM or SGM and what matters are on the agenda (SPA s. 46).

However a SGM could also be called by voters. SPA s. 43 says persons holding at least 20% of the strata corporation’s votes may, by written demand (petition), require that the strata corporation hold a SGM to consider a resolution or other matter specified in the demand. The strata corporation must hold the SGM within 4 weeks after the demand is given to the strata corporation. In this situation, the president of the council may call the SGM without holding a council meeting. The president should ensure that the agenda and notice package are prepared as soon as possible, as the Act requires that Notice of the SGM be given to owners 20 days before the SGM.

If the council fails to hold the SGM within 4 weeks after it receives the demand, the persons signing may call the SGM. The matter specified in the demand must be the first order of business.

How much notice is required?

SPA s. 45 says the strata must give at least 2 weeks’ written notice of an AGM or SGM. However under the Interpretation Act, 2 weeks means 14 clear calendar days. The day the notice is sent and the day it’s deemed to be received can’t be included. So 2 days are added. Another 4 days are added for delivery time (SPA 61(3)). The AGM or SGM can be held on day 20 or later.

Example: The secretary plans on delivering the AGM notice package under suite doors or by mail on June 3 (day 1). The AGM date can be June 22 (day 20) or later.

There is one exception. If the method of delivery is handing the notice package to an owner (“leaving it with the person”), the notice is actually received on day 1 and the AGM or SGM could be held on day 16 or later. However, it is usually not possible to hand the notice package to each and every owner on day 1. It is practical for council to initiate delivery at least 20 days in advance.

What information has to be included in a notice?

The notice for an AGM must include the following.

  • The date, time, and place of the meeting
  • Instructions for attending the meeting by electronic means, if applicable (Learn more about electronic meetings)
  • Description of the matters that will be voted on at the meeting (Matters on the agenda are decided by a majority vote, unless the SPA or Regulations require otherwise)
  • The proposed wording of any resolution requiring a 3/4 vote, 80% vote or unanimous vote
  • A financial statement for the year ending (Learn more about strata financial statements)
  • The proposed budget for the coming year (Learn more about budgets )

Since the order of business includes approving the minutes from the last AGM or SGM, ratifying any new rules, and reporting on insurance coverage it is helpful (but not required) to include the following documents in the notice package:

  • Minutes of the last AGM or SGM
  • Rules that need to be ratified
  • Most recent summary of the strata corporation’s insurance coverage

Some stratas include a president’s report, an additional treasurer’s report, and committee reports (if any) however there is no requirement to do so.

Learn more about the agenda and order of business in how to conduct an AGM.

How is the notice delivered?

The permitted delivery methods are different depending on whether owners have or have not given the strata an address outside the strata. The notice must be given to:

  • every owner, whether or not a notice must also be sent to the owner’s mortgagee or tenant
  • every mortgagee who has given the strata corporation a Mortgagee’s Request for Notification under SPA s. 60
  • every tenant who has been assigned a landlord’s right to vote under SPA s. 147 or 148, if the strata corporation has received notice of the assignment.

For those who have given an address that is not their strata lot (typically landlords and non-resident owners) there are only 2 methods and email is not permitted! However, the strata could use a permitted method and also send the notice by email as a courtesy.

SPA s. 61 (1) A notice or other record or document that the strata corporation is required or permitted to give to a person under this Act, the bylaws or the rules must be given to the person,

(a) if the person has provided the strata corporation with an address outside the strata plan for receiving notices and other records or documents,

(i) by leaving it with the person, or

(ii) by mailing it to the address provided, or

(b) if the person has not provided the strata corporation with an address outside the strata plan for receiving notices and other records or documents,

(i) by leaving it with the person,

(ii) by leaving it with an adult occupant of the person’s strata lot,

(iii) by putting it under the door of the person’s strata lot,

(iv) by mailing it to the person at the address of the strata lot,

(v) by putting it through a mail slot or in a mailbox used by the person for receiving mail,

(vi) by faxing it to a fax number provided by the person, or

(vii) by emailing it to an email address provided by the person for the purpose of receiving the notice, record or document. (Many stratas use form

(2) The notice, record or document may be addressed to the person by name, or to the person as owner or tenant.

(3) A notice or other record or document that is given to a person under subsection (1) (a) (ii) or (b) (ii) to (vii) is conclusively deemed to have been given 4 days after it is left with an adult occupant, put under the door, mailed, put through the mail slot or in the mailbox, faxed or emailed.

What happens if an owner doesn’t receive notice?

SPA s. 47 says that failure to give proper notice of an AGM or SGM to a person entitled to receive notice under section 45 does not invalidate a vote taken at the meeting as long as the strata corporation made a reasonable attempt to give the notice in accordance with that section.

The strata should ensure that it keeps its list of eligible voters up to date (owners, certain mortgagees, and tenants assigned voting rights). Review the list well in advance so that there is time to check information and update it before the date that notice packages are sent. See SPA s. 35(1)(c) to learn more about what information the strata is required to keep in this list.

It can be helpful to post the meeting date in a common area such as a bulletin board, include it in a newsletter or some other form of communication so that all owners are aware of the date. If an owner didn’t get the notice package, the strata could send it again.

Member-only resources

Log in to your account to access the following resources. *Indicates a resource for corporate members only.

  • Notice of general meeting template*
  • Preparing for your strata AGM (slides)*
  • Preparing for your strata AGM (webinar Q&A)*
  • Worksheet for creating a budget and calculating strata fees by unit entitlement (Excel)*
  • Sample form for authorizing delivery of notices by email*
  • Sample proxy appointment form (2 versions)
  • Petition (written demand) for a SGM
  • Sample minutes of an AGM or SGM*
  • Coming soon: Templates for an AGM or SGM registration sheet, secret ballot, and election ballot*
  • Coming soon: Template for waiver of an AGM or SGM*
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