March 2021
Requesting, or requisitioning, a meeting of owners can be an effective way to inform the board that certain issues are important to, and possibly require action of, owners. This requires support from at least 15 percent of owners. Owners making the request should not have outstanding money owing to the condominium corporation for 30 days or more.
Reasons to Requisition an Owners’ Meeting
- Discuss a special assessment
- Discuss, but not vote on, a budget
- Discuss a change made to common elements without proper notice
- Demand details or information about major project cost overruns
- Remove a director from the board
- Vote on a proposed new rule or rule change
Calling a Requisition Meeting
Any requisition for a meeting must be in writing stating the nature of business to be presented. See section 46 of the Condo Act for what must be included in the requisition.
- If for removal of one or more directors the name of each director should be included and reason for removal. Reason for removal should be clear. Avoid generalities and terminology likely to be unclear. False accusations and those made without proof can lead to litigation and conflict among owners.
Names and signatures of owners supporting the requisition should be included. Notice must be delivered to the president or secretary of the board in person or by registered mail, or to the address for service of the condominium corporation.
The board is not obligated to call a meeting if the requisition is incomplete.
Once delivered, the board must call and hold an owners’ meeting within 35 days. Alternatively, owners involved can agree to put the issue on the agenda for the next Annual General Meeting (AGM). If the board fails to call a meeting, owners can call the meeting to be held within 45 days from when it was to be called. The corporation can be asked to reimburse for reasonable expenses incurred to call the meeting.
Contacting Owners about a Requisition Meeting Request
Condominium corporations are expected to work with owners seeking to call a requisition meeting. This includes providing access to e-mail addresses if they are available and used by the corporation to regularly communicate with owners. One Ontario Superior Court decision suggested that any decision to withhold contact information is “adopted to frustrate the applicants and not – as suggested – out of concern to maintain privacy.” In a December 14, 2018 decision the judge awarded costs of $20,000 against a condominium corporation seeking to frustrate owner efforts to requisition a meeting. A condo board could choose to distribute communications by owners seeking to call a requisition meeting thus eliminating concern about privacy while complying with the apparent intent of the Condo Act.
What to expect at the meeting
The meeting should provide owners with an opportunity to present their concerns to the board. If a vote is called for, such as to remove one or more directors or accept/reject a proposed rule, this occurs at the meeting. Voting can be in person or by proxy.
If owners vote to remove a director, they may elect any person qualified to serve on the board for the remainder of the removed director’s term.
Requisitions can be acrimonious affairs pitting neighbour against neighbour. The process of collecting signatures can leave hard feelings and lead to failed efforts if not above board.
- Provide only facts in conversation and writing
- Accusations of criminal activity lacking proof can lead to litigation
- Falsely signing the name of owners can lead to a failed requisition
