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.
A requisition for a meeting of owners may be made if the owners of at least 15% of the units request one.
||be in writing and be signed by the requisitionists.|
||state the nature of the business
to be presented at the meeting.
||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.)
||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.|
||Owners in arrears for more than 30 days cannot vote at a owner's meeting nor is their signature valid on a requisition.|
||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.|
||Renters cannot sign a requisition.|
||Some owners will recant their signatures under pressure from the property manager, employees or board members.|
||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