Owners request a Special Meeting

A group of owners can call a Specia Owners Meeting. The owners will have to follow the requirements under Section 46 of the Ontario Condominium Act.

A requisition for a meeting of owners may be made if at least 15% of all the unit owners, who are current with their maintenance fees, sign a petition requesting a meeting. The petition must state the nature of the business to be presented at the meeting.

A quorum of 25% plus one of all the units is required to hold the meeting.

There are several reasons for an owners' meeting to be called including:

Discussing issues
Owners can request a meeting to discuss any issue relating to the corporation they wish. However, aside from the specific situations listed below, the board does not have to hold a vote on any issue brought forward, nor do they have to agree to any changes the owners request nor do they have to discuss the issue in any meaningful way.

They also do not have to answer any questions from the owners or explain the reasoning behind any decisions that they made.

All they have to do is hold the meeting if there is a quorum of at least 25% of all the unit owners in person or by proxy. Nothing more.

Therefore, as examples, the owners cannot force the board to change the budget, reduce or eliminate an increase in the maintenance fees or a special assessment, perform any required maintenance, change contractors or fire an employee.

All of the above is the sole responsibility of the board.

If the board announces a new rule, or a change to an existing rule, the proposed rule can be amended or rescinded by a vote of the owners of a simple majority of the units that are in attendance at the meeting.

This is an important right.

For example, the majority of the board (three persons) can decide to make a rule stating that all pets must be carried at all times when they are on the common elements.

The owners can requisition a meeting to vote on rescinding that rule.

Removal of a director(s)
The owners can remove director(s) at an owners meeting. The removal needs to be approved by the owners of a majority of all units either in person or by proxy.

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:

Owners in arrears 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. (Unless they have a current Power of Attorney.)
Renters cannot sign a requisition.
Some owners will recant their signatures under pressure from the property manager, employees or board members.

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.

Legal advice
I strongly urge an owners who are planning to start a requisition to call an owners meeting to get legal advice from a lawyer who is experienced in condo law before starting such an undertaking.

top  contents  chapter  previous   next