Owners’ meetings

A large room with a group of people sitting in chairs while looking at a presenter at the front.Owner-requisitioned meetings and voting rights

You can requisition (request) a meeting of owners if you believe the condominium faces a concern that requires an action from owners. You will need sufficient support to do this, which is support from a minimum of 15 per cent of owners. For the requisition to be valid, the owners asking for the meeting should not have outstanding money owing to the condominium for 30 days or more.

Reasons to requisition an owners’ meeting

You might want to requisition an owners’ meeting in circumstances like these:

  • to discuss the need for a special assessment;
  • to discuss a change made to the common elements without notice;
  • to question the condominium’s procurement processes;
  • to demand information about major projects that suffer cost overruns;
  • to have a director removed from the board; and
  • to vote on a proposed new rule or change to a rule.

Some issues are not appropriate for requisitioning a meeting. These include:

  • Personal issues, such as a dispute between neighbours; and
  • Matters that are the responsibility of the board.  For example, it is the board’s responsibility to set the budget.  A meeting can be requisitioned to discuss the budget, but the owners do not have the right to vote on the budget.  Any vote taken at an owner’s meeting is a “straw vote” that indicates what owners want.  But the board makes the final decision.

Steps to take to requisition a meeting

The meeting requisition must:

  • be in writing
  • be signed by the owners requesting the meeting
  • state the nature of the business to be presented at the meeting

If you want to remove one or more directors, the requisition must include the names of those directors, reasons for removal and whether the directors fill a position reserved for voting by owner-occupied units.

You must deliver the meeting requisition to the president or secretary of the board either in person or by registered mail. You can also deliver it to the address for service of the condominium corporation.

What happens next?

Once the board receives a valid requisition, it must call and hold an owners’ meeting within 35 days.  Alternatively, if the owners involved agree, they can put the issue on the agenda of the next AGM.

If the board does not call a meeting, you can call the meeting. The meeting must be held 45 days from when it was called, at the latest. You can request that the corporation reimburse reasonable expenses you incurred in calling the meeting.

What to expect at the meeting

At the meeting, owners discuss the issue. If the purpose of the meeting is to remove one or more directors, you will have the opportunity to vote. You will also have the opportunity to vote if the meeting involves a proposed rule. In other cases, the meeting primarily provides an opportunity for the owners to present their concerns to the board.

Voting rights at the meeting

Each unit is entitled to one vote at the meeting.  If the unit is owned by more than one person, the vote must represent the majority of the owners.  If the owners are split, the vote won’t count.

Your right to vote may be suspended if you are more than 30 days late paying your common element fees.

Quorum to remove a director

If the meeting is called to remove a director, a majority of all owners must vote in favour of removal, either in person or by proxy.

If the owners vote to remove a director, the owners may elect any person qualified to be a member of the board to serve the remaining term of the director who has been removed, according to the condo corporation’s by-laws dealing with the election of directors.