challenge-requistion

The requisition form

The requisition to remove directors starts with the Requisition Form. The form has to precisely follow the procedures that are laid out in the Condo Act in Sections 33 and 46.

Requisition for meeting
A requisition for a meeting of owners may be made if the owners of at least 15% of the units request one.

Form of requisition
The requisition must be:

(a)	be in writing and be signed by the requisitionists.
(b)	state the nature of the business to be presented at the meeting.
(c)	be delivered personally or by registered mail to the president or secretary of the board or delivered at the address for service of the corporation. (You can find this address in a recent status certificate and for condo towers, it is usually the on-site management office.)

Since this is a meeting that is being called for the purpose of removing a director or directors from the board, the form must state for each director who is proposed to be removed:

•	the director's name.
•	the reasons for the removal.
•	whether the director occupies a position on the board that is reserved for voting by owners of owner-occupied units.

A sample requisition form for removing one director can be found here.
A sample requisition form for removing more than one director (including the owner-occupied position) can be found here. (Download Word files.)

Once the form has been written, I strongly suggest that you have a lawyer who is experienced in condo law review the form to insure it has no flaws.

Now it is time to get the owners to sign the requisition form. Follow my suggestions in the previous chapter on campaigning.

Collecting signatures
You need a minimum of 15% of all the unit owners to sign your requisition for an owner's meeting. However be aware of the following:

1.	Owners in arrears for more than 30 days cannot vote at a owner's meeting nor is their signature valid on a requisition.
2.	If a man or a woman lives in the unit but the unit is in their son's or daughter's name, then their signature is not on the register and is therefore invalid.
3.	Renters cannot sign a requisition.
4.	Some owners will recant their signatures under pressure from the property manager, employees or board members.
5.	The condo's lawyer will look for any reason that he/she can find to refuse to accept the requisition.

If you do not have the required 15% valid signatures, the board does not have to hold a meeting. Therefore, always collect extra signatures and verify that the signatures are valid when the owners sign the requisition.

If possible, canvas for signaures in pairs. If an owner later claims that he was pressured into signing, that you lied to him about why he or she should sign the requisition or if they claim that they did not understand what they were signing, you have someone who can verify what was said.

Delivering the requisition
Once you get sufficient signatures on the requisition, then you give it to the president, secretary or the management office if that is the address on record. I would have two people deliver the requisition so there is less chance the board will deny receiving it.