Electronic Communication
A formal electronic service for Documents allows an excellent communication to owners while also reducing costs. s will increase under the “new” Act. Corporations may be able to reduce cost (and save trees) by switching to electronic communications. Here is how.
Communication Requirement with Owners
The most common method for condo corporations to distribute Annual General Manager packages and or other Notices of meetings and proposed Rules is through the mail system however in some condominiums their declaration or by laws allows electronic communication or they have written approval from the owner . These types of communications will continue to be required under the “new” act. The cost of these communications through mail can add up to a substantial cost and corporations may prefer to choose an alternate method of service, for instance emails so the "new" act provides for many forms of communication. For instance, twice a year, an Information Certificate to all owners is mandated. Any of the following would be allowed:
Address of Service Under the “Current” Act
Under the “current” Act, any notice required to be given to owners shall be in writing and given to each owner at their address of service. The term “address of service” is not defined under the current Act, but such service can be done:
- by delivering the notice personally to each owner;
- by sending by prepaid mail to the owner’s address for service (the address held on record by the corporation);
- by facsimile transmission, electronic mail or any other electronic communication only if the owner has agreed in writing to such method;
- by delivey to the owner’s unit or at the unit’s mail box (provided the owner has requested in writing that service not be done in this matter or unless the corporation has a different address on record.
The Act states that owners would have to provide authorization in order to switch to service by email
How to Switch to Electronic Service Under the “New” Condo Act
Under the “new” Act, all owners are required to advise their condo corporation of their name and address of service. [namely the Existing owners the Corporation and the address on record when the “new” Act come into force]. Owners have the option to change the address of service any time and with this option the Corporations must maintain their records and keep them up to date.
Corporations can provide formal notices to owners by email or other electronic communication if the owners has signs and authorizes an agreement in writing for electronic communications. The corporation must keep this statement on file with the corporation’s records. The agreement can be done as follows:
First Method
Similar to the Current Condo Act:
- The board can pass a resolution confirming the method of electronic communication to be used; AND
- The owner (or mortgagee) has to confirm in writing, they agree to service in an electronic method form of communication is sufficient for service under the Act.
Second Method
The second method is for all Owners to sign an Agreement to Electronic Delivery, available online under the forms of the New Condo Act
Electronic Delivery of Information Certificates
Corporations will be able to deliver Information Certificates the traditional way (by mail, by personal delivery, by delivery to the unit or by email provided that the owners have agreed to it, the First Method noted above). Another more efficient way could be to post these Certificates: on a website and to simply send a notice of posting.
It is imperative that the Owners must be able to save and print the content of the communication. Any notice of posting has to be in accordance with the new condo act form “Notice of on-line posting of Information Certificate“. This form will is available now and includes the state how the posting can be accessed and, identifies how an owner can obtain a paper copy, via printing methods. It is also advisable to have a password protected system
The sooner that each Corporation prepares themselves to ensure that the new condo act is followed and owners have provided the proper form authorizing the use of electronic communications - the better.
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