LEGAL
Requisitions: Waiting on Changes to the Condo Act Pot e nt i a l l y lo s t i n a l l of t he ongoing c ha nges to t he
BY DAVID THIEL
Condominium Act, 1998 (the “Act”) since 2017 (really, 2015) are the proposed amendments concerning requisition meetings, which have not yet been proclaimed into force. Those amendments will drastically change the requisition process. Requisitions are essentially petitions signed by at least 15 per cent of owners requesting that a condominium call an owners’ meeting for a particular purpose. The most serious and common requisition would be a requisition for a meeting to remove and replace one or more of the directors from a condominium board. One fundamental feature of the process has been the authority of requisitionists to call their own official owners’ meeting if the condominium board does not do so within 35 days: a ‘self-help’ remedy.
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That said, it has always been exceedingly difficult for requisitionists to actually call their own meeting. In particular, if the requisition is to remove board members, a condominium board may take the position that the requisition is invalid. If the requisitionists disagree and decide to proceed to call and hold a meeting, there is potential to elect a ‘competing’ board. These situations can create chaos for a condominium, and often result in expensive litigation. A case in point is the recent decision of the Ontario Superior Court of Justice in Toronto Standard Condominium Corporation
