Are the condominiums ready when the vaccination passport arrives?

August 21, 2021 - As of September 1, the vaccination passport will apply to certain activities deemed non-essential throughout Quebec. Bars, restaurants and gyms will be particularly affected by this measure. However, many wonder about such a mesure with regard to meetings of co-owners and meetings of the board of directors held face-to-face.

What is a vaccination passport?

The passport is a well-known tool. Legally, the passport certifies the identity and nationality of a citizen. The vaccination passport (or vaccination certificate) differs from the first because it is a document based not on nationality, but on the individual's vaccination status. It is an official document that certifies that the person has received all the injections of the Covid-19 vaccine. The objective of such a passport is to allow a fully vaccinated individual to go to certain public places (restaurant, concert hall, museum, school, etc.) or to travel internationally. The presentation of a certificate (in paper or electronic format through a free application) attesting of the coronavirus vaccination will in certain cases be compulsory.

Meeting of co-owners and meeting of the board of directors

In the context of the COVID-19 pandemic and while measures have been put in place by government authorities to limit gatherings, condominium associations have had to consider alternatives to condominium assemblies (general meeting) and meetings of the board of directors. Social distancing requires, COVID-19 has given birth to a phenomenon in co-ownership: virtual assemblies of co-owners, also called remote assemblies. Since April 26, 2020, Ministerial Decree 2020-029 has made them possible. This new form for holding co-owner assemblies and meetings has won over many supporters.

Indoor gatherings

However, since August 1, with the relaxation of health measures, many co-owners have claimed to hold face-to-face meetings. In public places, meetings of a maximum of 250 people (as of August 21, 2021) are authorized according to precise conditions indicated on the website of the Government of Quebec. Despite this openness to face-to-face meetings, many co-owners fear for their health. To limit the risks, some are calling for the imposition of vaccination passports of participants. Are they right to claim such a measure? As it stands, there is no legal basis for such a restriction. The participation of unvaccinated individuals in co-owner assemblies (general meetings) or board of directors meetings is still permitted. However, this situation could change at any time, due to the explosion of COVID-19 cases due to the Delta variant.

Virtual or hybrid meeting of co-owners

It must be remembered that virtual or hybrid meetings are always permitted, as long as the health emergency is maintained. In addition, the meeting of co-owners may adopt a by-law to allow the holding of hybrid or virtual meetings for directors and another by-law for the holding of hybrid or virtual meetings of co-owners, even after the lifting of the health emergency and the order that allows currently  the holding of virtual meetings.

By Me Yves Joli-Coeur for Condolegal.com

Montreal, August 21, 2021