Requisition for a meeting
Under the present Act, if 15% of the owners, who are on the register
and are not in arrears for over 30 days, may requisition an owners'
meeting either to discuss an issue, repeal or amend a rule or to remove one or more directors.
When it receives a requisition, a board may be tempted to simply ignore
To prevent that from happening, Subsections 46.(5) & 46.(6)
states that if the board does not comply with a properly submitted
requisition, the requistionists can call a meeting of owners and the
corporation will pay all reasonable costs of holding the meeting.
This is a very powerful incentive for the board to hold the requisitioned owners meeting.
Subsections 46.(5) & 46.(6) removed
If Bill 106 passes as it is written, the owners will no longer be
allowed to hold the requisitioned meeting if the board refuses to do so.
Condominium Authority Tribunal
The owners must take their requisition to the Condominium Authority Tribunal as an application if:
• The Tribunal is established and
• If the application may be made to the Tribunal. (Section 46. (15) (b) (i)
If the Condominium Authority Tribunal is not established, or until it is established, the owners
must make an application to the Superior Court of Justice to apply for
a court order to have their requisition meeting. (Section 46. (15) (b)
That is terribly expensive process that few owners can afford so this
change will in effect allow the boards to ignore any requisition that
they do not like until the Tribunal is up and running.
Subsections 46.(5) & 46.(6) of the existing Act must be retained.