The board responds
“Here come bad news talking this and that, yeah,
Well, give me all you got, and don’t hold it back, yeah,
Well, I should probably warn you I’ll be just fine, yeah,
No offense to you, don’t waste your time
Here’s why
Because I’m happy

Happy— by Pharrell Williams

The board receives the requisition and as you can imagine, they don't break into a dance to Pharrell Williams's song Happy.

Don't think that the requisition came as a surprise as there are few secrets in a condo. It is common for one or two of the directors to be the ones behind the requisition.

If the board is smart
If they are smart, they'll phone the corporation lawyer and ask for advice. They will want to know if they can discredit the requisition and avoid holding the owners' meeting.

Look for errors:
Deduct all units that are in arrears more than 30 days.
Deduct all units where the name does not match a name on the current
owner's registry.
See if the requistionists failed to show if the director they want to remove held the owner-occupied position or a regular position on the board.
Did the requisitionists fail to list the reasons for the requistion?
Did the requistions fail to write down all the directors' names or instead did they write "the entire board"?

They can also try to get individual owners to recant their signature by having them say:
I did not know what I was signing.
The requistionists said that the board was crooked and are stealing our money, will raise our fees, levy a special assessment, or whatever.
The requistionists intimidated me into signing.
It was late at night and they kept pestering me. I signed the form just to get them to go away.

If there are errors on the form or if the board manages to get the number of units on the requistion under 15% of the total, then the requistion failed.

If the requistion survives the board's scrutiny, then the corporation's lawyer will write to the requistionist asking if the recall of directors can be added to the agenda of the next Annual General Meeting.

If the requistionists agree, then they need to reply their acceptance in writing. If they do not agree, then the board must call and hold a meeting of owners within 35 days.

If the board is stupid
There have been times when a board ignores the requistion. Perhaps they think that if they ignore it, it will just go away. Perhaps, they think that they got a lot of time to get around to calling the meeting. However they don't.

Look at this timeline:
Day 1
Receive the requisition.
Day 14
Letters to the owners saying that there will be a special meeting dealing with a requistion to replace directors and asking for the names of owners who wish their names to be included as candidates for an election at the meeting if an election is required.
Day 17
The meeting packages must be mailed out.
Day 17-18
Two days for mail to arrive.
Day 19-34
15 clear days
Day 35
Last possible day for the board to hold the meeting.

So if the board ignores the timelines, then the initiative to hold the owner's meeting passes to the requisitionists.

top    contents   chapter   previous   next