August 2016
There are times when condo owners feel it is necessary to replace their board.
The traditional time for replacing board members is at an Annual General Meeting when directors whose term has expired are up for election. Directors wanting to remain on the board must be voted in by a majority and new directors can be elected.
Condo Act Section 46
A requisition for a meeting of owners may be made by those owners who at the time the board receives the requisition, own at least 15 per cent of the units, are listed in the record maintained by the corporation under subsection 47 (2) and are entitled to vote
Replacing a board elected by owners to manage the affairs of the condo corporation should not be taken lightly. Reversing the decision of a majority cannot succeed without support of a majority of condo owners.
For good reason, the Condo Act makes it difficult to replace directors without clear proof that this is the desire of a majority of condo owners in the corporation. Condo owners dissatisfied with their board can requisition a meeting for the purpose of removing directors prior to expiration of their term.
Given the difficultly in replacing a condo board, requisitioning for a meeting to replace the board requires consideration.
If replacing the board appears to be a necessary option, requisitioning a meeting for the purpose of removing the board requires signatures from a minimum of 15% of all owners. Reaching this threshold can be more challenging if many suites are rented and you are unable to contact the suite owners.
The meeting must have a quorum – 25% of suite owners – in attendance. If attendance does not meet this minimum level the requisitioned meeting ends. No other meeting is called unless there is another requisitioned meeting.
More information on this topic is available at Condo Information Centre and the Condo Law Blog.
