Are you planning or attending a condo requisition meeting but unsure about what to expect? Whether you're a condo owner or board member, it's essential to be well-informed before stepping into the meeting room. In this article, we'll cover everything you need to know about condo requisition meetings and how they can impact both the condo board and owners.
Condo requisition meetings are a crucial part of the democratic process for condo communities. They provide an opportunity for owners to voice their concerns, propose changes, challenge the decisions made by the condo board and even vote to remove certain (or all) board members altogether.
A condo requisition meeting is most often called when a group of owners within the community strongly disagrees with a board decision, loses faith in the board members, or may even believe that they're fighting a bully condo board. Ultimately, there are many reasons that a condo requisition meeting may be called.
"Owners can request that the board calls a meeting to discuss topics important to owners, who may also be able to vote, depending on the topic. Here are some topics that are frequently raised at owner-requisitioned meetings: [1] Voting on the removal and replacement of a director, [2] Voting on a proposed rule, [3] Discussion of an emerging issue, such as behaviour of owners, residents or guests." - Condominium Authority of Ontario (CAO) on owner-requisitioned meetings.
Understanding the intricacies of these meetings can help condo boards navigate through the process effectively and owners voice their opinions constructively.
From the legal requirements and procedures to the importance of transparency and effective communication, we'll explore the key aspects of condo requisition meetings. Whether you're facing your first meeting or have attended several in the past, this article will provide valuable insights to ensure a productive and collaborative environment during these gatherings.
Keep reading to learn more about condo requisition meetings, how they can impact your condo community, and can shape the future of its operations and resident relationships.
What is a condo requisition meeting, and how is one called?
A condo requisition meeting is a gathering of condo owners and the condo board to discuss and make decisions on various matters related to the condo community. These meetings are typically called by condo owners to address specific concerns or to propose changes to existing rules, bylaws, or decisions made by the condo board.
During a requisition meeting, owners have the opportunity to voice their opinions, ask questions, and discuss ideas. The purpose of these meetings is to foster open communication and collaboration between the condo board and owners, ensuring that the decisions made reflect the collective interests of the community. In some cases, the requisition meeting pay be to remove certain directors or the board as a whole, which is often a more conflict-ridden meeting.
It's important to note that condo requisition meetings are different from annual general meetings (AGMs) or special general meetings (SGMs). AGMs and SGMs are typically scheduled by the condo board and cover broader topics such as financial reporting, board elections, and major repairs or renovations. Requisition meetings, on the other hand, are initiated by owners and focus on specific concerns or proposed changes.
How is a condo requisition meeting called by owners?
Calling a requisition meeting is simple process, but it does require the participation of a significant percentage of condo owners from across the community.
Who can call a requisition meeting? Any unit owner in the condo corporation can call a requisition meeting, as long as they have not lost the ability to vote (ex: by being liened).
What does a quick overview of the requisitioning process look like? It starts with the owner who is requisitioning the meeting and by outlining the scope of the meeting. Then, they must gather signatures from a minimum of 15% of the condo corporation's voting units. After this, the signed sheet must be delivered to the board at the appropriate address.
Note that owners who do not have the ability to vote (ex: are in a liens process) are unable to request meetings or vote (and therefore would not count in the 15%). Additionally, to ensure that the signatures received are from the owners (tenant signatures don't count), consider submitting a Records Request for the "record of owners and mortgagees" first - this will give you a more accurate description about which suite is (and isn't) owner-occupied, as well as the names of the people who can sign the form (however, this record does not tell you whether the particular owner is eligible to vote).
How do I deliver the requisition? The requisition must be delivered in-person or by registered mail, usually to the board president or secretary, or can be delivered in-person to the corporation's address for service.
How must a condo board respond to a call for a requisition meeting?
Once in receipt of an owner's call for a requisition meeting, condo boards should verify the signature sheet to ensure that the requirement for 15% is met. Be sure to check that all voters are owners in good standing, and that any signatures match those on file.
Once the board has confirmed that the requirement for 15% is met, they must follow the following steps, as outlined by the Condominium Authority of Ontario (CAO) on Owner's Meetings:
Step 1: Deciding on the Meeting: The board must "add the topics included in the requisition to the agenda for the next AGM, if requested, or call and hold a meeting of owners within 35 days" (CAO).
Step 2: Preliminary Notice: Within 5 days of receiving the requisition, the board must send the preliminary notice of meeting to the entire ownership.
Preliminary Notice of Meeting Form: Download the fillable or non-fillable form >
See what materials need to be included with the Preliminary Notice (S.45.1 of the Condo Act) >
Step 3: Send the Notice of Meeting: The Notice of Meeting must be sent "to all owners at least 15 days before the meeting day. The notice must contain : 1. The location (if in-person), date, and time of the meeting, 2. The business to be presented at the meeting, 3. The instructions for attending by phone or virtually, if applicable, 4. A copy of the requisition, 5. A copy of all proposed changes to the declaration, by-laws, rules or agreements to be discussed at the meeting, if the requisition is for one of these topics" (CAO).
See what materials need to be included with the Notice of Meeting (S. 27 of the Condo Act) >
Step 4: Hold the Meeting: The board must hold the requestion meeting, either on or before 35 days after receiving the requestion. After the meeting, meeting minutes must be prepared.
Reasons for calling a condo requisition meeting
Condo owners may call for a requisition meeting for various reasons.
Some common reasons for calling a condo requisition meeting include:
Disagreement with a board decision: If condo owners are unhappy with a decision made by the condo board, they can call for a requisition meeting to challenge or reverse that decision. This may include decisions regarding maintenance fees, repairs, changes to common areas, or any other matter that affects the owners' rights or financial obligations.
Proposing changes: Requisition meetings can be called to propose changes to existing rules, bylaws, or policies. Owners who believe that certain rules are outdated, unfair, or no longer serve the best interests of the community can use these meetings to present their proposals and gather support from fellow owners.
Addressing concerns: If owners have concerns about the management, maintenance, or overall well-being of the condo community, a requisition meeting can be called to discuss these concerns and find solutions. This may include addressing issues such as inadequate maintenance, poor communication, lack of transparency, or any other matter that affects the quality of living in the community.
It's important for owners to clearly state the purpose of the requisition meeting when calling for one. This helps ensure that the necessary preparations are made and that the meeting remains focused on the intended agenda.
Legal requirements for condo requisition meetings
Condo requisition meetings are governed by specific legal requirements that must be followed to ensure their validity. These requirements may vary depending on the jurisdiction, so it's important to consult the applicable condominium legislation or seek legal advice to ensure compliance with local laws and regulations. In Ontario, these fall under the Condo Act (1998).
Here are some common legal requirements for condo requisition meetings:
Minimum number of signatures: In most jurisdictions, a minimum number of condo owners must sign the requisition in order to call for a meeting. This is usually a percentage of the total number of units within the condo community. In Ontario, this number is set at 15%. The purpose of this requirement is to ensure that there is sufficient support for the meeting to proceed.
Notice period: Condo owners must provide a notice period before the requisition meeting can take place. This notice period varies depending on the jurisdiction and may range from a few weeks to several months. In Ontario, the Preliminary Notice of Meeting must go out to owners within 5 days of the requisition being received, and the meeting must be scheduled within 25 days. The purpose of the notice period is to allow all owners to be notified and have sufficient time to prepare for the meeting.
Meeting quorum: To ensure that decisions made during the requisition meeting are valid, a quorum must be present. A quorum refers to the minimum number of owners required to be present either in person or by proxy. This number is typically a percentage of the total number of units within the condo community.
Voting procedures: The voting procedures for condo requisition meetings are also governed by legal requirements. These procedures may include the use of proxy votes, electronic voting procedures, ballots, or other methods to ensure fairness and accuracy in the voting process. It's important for owners to familiarize themselves with the voting procedures prior to the meeting.
By adhering to these legal requirements, condo boards and owners can ensure that the requisition meetings are conducted in a fair and legally compliant manner.
How to organize a condo requisition meeting
Organizing a condo requisition meeting requires careful planning and coordination to ensure its success. Here are some steps to consider when organizing a requisition meeting:
Review governing documents: Review the condo's governing documents, including the declaration, bylaws, and rules, to understand the procedures and requirements for calling a requisition meeting. Familiarize yourself with the specific provisions related to requisition meetings, including the minimum number of signatures required and the notice period.
Gather support: Before calling for a requisition meeting, it's important to gather support from fellow owners who share similar concerns or interests. This can be done by circulating a petition or reaching out to owners directly to explain the purpose of the meeting and seek their support.
Draft a requisition letter: Prepare a requisition letter that clearly outlines the purpose of the meeting, the specific concerns or proposals to be discussed, and any supporting documents or evidence. The letter should be signed by the required number of owners and include their contact information. Ensure that the letter is clear, concise, and respectful in tone.
Send the requisition letter: Once the requisition letter is prepared, it should be sent to the condo board or the property management company, following the designated communication channels outlined in the governing documents. Keep a record of the date and method of delivery to ensure compliance with the notice period requirements.
Prepare meeting materials: Prepare all necessary materials for the meeting, including copies of the requisition letter, supporting documents, and any relevant reports or presentations. Consider providing these materials to owners in advance to allow for review and preparation. If 15% of owners sign off, you can also request that these materials are included with the Notice of Meeting (provided that the appropriate timelines are met).
If the Board doesn't call the requisition, you may have to plan the meeting logistics: Determine the date, time, and location for the requisition meeting. Consider factors such as the availability of owners, accessibility of the venue, and any necessary audiovisual equipment. Ensure that the meeting space is suitable for the number of attendees and allows for open discussion.
Facilitate the meeting: On the day of the requisition meeting, ensure that the venue is set up appropriately and all necessary materials are readily available. Whether you're the board or requisitioning party, it's important to keep discussions on track and ensure that owners have an opportunity to express their opinions and ask questions.
By following these steps, condo owners can effectively organize a requisition meeting and provide a platform for open dialogue and decision-making.
Understanding the role of condo boards in requisition meetings
Condo boards play a crucial role in requisition meetings, as they are responsible for managing the affairs of the condo community and making decisions on behalf of the owners. Understanding the role of the condo board can help owners navigate the requisition meeting process more effectively and foster a collaborative relationship.
The specific role of the condo board may vary depending on the jurisdiction and the governing documents of the condo community. However, there are some common responsibilities that condo boards typically have:
Decision-making: Condo boards are responsible for making decisions on various matters that affect the community, such as maintenance, repairs, financial management, and enforcement of rules and bylaws. During a requisition meeting, the condo board plays a key role in providing information, addressing concerns, and presenting their position on proposed changes or challenges to their decisions.
If a requisition meeting is called, boards should recognize this as an important part of the condo's democratic process, and respect the residency's right to do so. Of course, this doesn't mean condo boards should accept misinformation, harassment, or abuse during the process.
Governance: Condo boards ensure that the condo community operates in accordance with the governing documents, applicable laws, and regulations. They are responsible for interpreting and enforcing the rules and bylaws, maintaining financial records, and ensuring compliance with legal requirements. In a requisition meeting, the condo board may be called upon to provide explanations or clarifications regarding the existing rules and decisions.
If residents disagree with a decision that the board made but is in accordance with the governing documents of the building, it's imperative to communicate the facts of the matter to the residents in a clear and concise manner. Ultimately, any and all directors will be required to uphold the same governing documents, so simply removing a director or board won't remove the obligation for new ones to comply.
Communication: Condo boards facilitate communication between the owners and the property management company, ensuring that owners are kept informed about important matters and decisions affecting the community. They may also be responsible for organizing and conducting meetings, including requisition meetings, and providing owners with the necessary information and documentation.
It's important for condo boards to approach requisition meetings with an open mind and a willingness to listen to the concerns and proposals of the owners. By fostering a collaborative environment and demonstrating transparency in decision-making, condo boards can build trust and maintain a positive relationship with the owners.
The rights and responsibilities of condo owners in requisition meetings
Condo owners have specific rights and responsibilities when it comes to requisition meetings. These rights and responsibilities are designed to ensure that owners have a voice in the decision-making process and that their interests are represented.
Right to call a requisition meeting: Condo owners have the right to call a requisition meeting if they meet the minimum requirements outlined in the governing documents or local laws. This democratic right allows owners to raise concerns, propose changes, or challenge decisions made by the condo board.
Right to vote: Owners have the right to vote on proposed motions during requisition meetings. Each owner is typically entitled to one vote, although some governing documents or regulations may votes from owners that are not in good standing with the corporation (ex: lien). Owners may vote in person, electronically or by proxy, depending on the voting procedures outlined in the governing documents.
Responsibility to prepare and participate: Owners have a responsibility to prepare for requisition meetings by familiarizing themselves with the agenda, reviewing relevant documents, and understanding the proposed changes or challenges. Active participation in the meeting, including asking questions, expressing opinions, and voting, is crucial to ensure that their interests are represented.
However, it's important to understand that owners are not limited to asking questions just at the meeting - your board and property management should be transparent at any point (though you may have to proceed with a Records Request for some information, and may not be entitled to some matters).
Additionally, don't treat requisition meetings as an opportunity to "catch" someone or make them look stupid - if you have a genuine question that requires an answer, let the board or condo management know ahead of time so they may prepare a fulsome answer for you in advance of the meeting. Communication is key, and every resident is responsible for their part - just as boards and management are responsible for theirs.
Responsibility to respect the process: Owners are responsible for respecting the requisition meeting process and adhering to the rules and procedures outlined in the governing documents. This includes maintaining a respectful and constructive attitude during discussions, following the designated speaking order, and refraining from personal attacks or disruptive behavior.
Misinformation, defamation, harassment and violence are never ok.
Owners should also be aware of any limitations or restrictions on their rights as outlined in the governing documents or local laws. These limitations may include specific voting requirements, quorum thresholds, or restrictions on certain types of proposals.
Important considerations for condo boards and owners
Condo boards and owners must consider several important factors to ensure that requisition meetings are productive and beneficial for the community. Here are some key considerations for both parties:
For condo boards:
Transparency: Condo boards should strive for transparency in their decision-making processes and communications with owners. Providing timely and accurate information, sharing financial reports, and explaining the rationale behind decisions can help build trust and alleviate concerns.
Open communication: Condo boards should encourage open communication with owners, both during requisition meetings and through other channels such as email or community forums. Actively listening to owners' concerns, addressing them promptly, and providing regular updates can contribute to a positive and collaborative environment.
Flexibility and compromise: Condo boards should be open to considering proposals and suggestions from owners, even if they initially disagree. Finding common ground and exploring compromises can lead to better outcomes that reflect the collective interests of the community, and is an excellent way to (re)build trust.
For owners:
Preparation: Owners should take the time to thoroughly prepare for requisition meetings by reviewing the agenda, gathering necessary information, and seeking clarification on any unclear points. It's important to conduct due diligence and not fall for misinformation or misleading tactics. This allows for informed discussions and more effective decision-making.
Constructive engagement: Owners should engage in the meeting process in a constructive and respectful manner. This includes listening attentively to others, expressing opinions and concerns thoughtfully, and refraining from personal attacks or disruptive behavior. Constructive engagement fosters a positive atmosphere and encourages collaboration among all participants.
Long-term perspective: Owners should consider the long-term implications of their proposals or challenges. It's important to evaluate the potential impacts on the community as a whole, including financial implications, feasibility, and the overall well-being of the condo community.
By considering these important factors, both condo boards and owners can contribute to a more productive and harmonious requisition meeting process.
Common challenges and how to overcome them
Requisition meetings, like any form of group decision-making, can sometimes be challenging. It's important to be aware of these challenges and find ways to overcome them in order to achieve the desired outcomes.
Here are some common challenges and strategies to address them:
Lack of information: Owners may feel that they don't have enough information to make informed decisions or to understand the rationale behind certain decisions made by the condo board. To overcome this challenge, condo boards should provide clear and timely information to owners, including financial reports, relevant documents, and explanations of their decisions. Owners, on the other hand, should actively seek clarification and ask questions during the requisition meeting to ensure that they have all the necessary information.
Conflicting interests: Requisition meetings may involve owners with conflicting interests or differing opinions on proposed changes. To address this challenge, it's important for all participants to approach discussions with an open mind, listen actively to each other's viewpoints, and explore potential compromises. Encouraging respectful dialogue and focusing on the best interests of the entire community can help overcome conflicting interests and find common ground.
Emotional tensions: Requisition meetings can sometimes become emotionally charged, particularly if owners feel strongly about certain issues. Emotional tensions can bring out the worst in everyone, and can easily make a bad situation worse. Try to keep a level head through the process as much as possible - as the saying goes, cooler heads will prevail!
If you're in need of support throughout this process, don't hesitate to reach out to us via hello@stratastic.com
We're here for you during every step of the way!
Conclusion: Boards and Owners Considering A Condo Requisition Meeting
Whether you're a board member or resident planning or attending a condo requisition meeting, it's essential to be well-informed and well-prepared for every step of the process. This democratic procedure provides an opportunity for owners to voice their concerns, propose changes, challenge the decisions made by the condo board and even vote to remove certain (or all) board members altogether... and it can be quite complicated and emotionally taxing for a condo community to go through..
Understanding the intricacies of these meetings can help condo boards navigate through the process effectively and owners voice their opinions constructively - but all parties should maintain an open and respectful tone for the sake of their entire condo community.
If you're in the situation of calling or hosting a requisition meeting at your condo, there are several support systems you can rely on.
You may wish to consider retaining a condo lawyer, educate yourself further via the 10,000+ resources in our condo library Stak'd, or reach out to us for more information (hello@stratastic.com).
-Stratastic Inc.
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