A few weeks ago, my condo board issued a notice about a new rule. Nothing dramatic on the surface, just a policy update buried in the kind of language most people skim past without really reading. Except this one would have cost owners real money. A handful of us actually read it closely, and once we understood what it meant, we did something most condo owners have never heard of: we started a Section 46 requisition.
What Section 46 Actually Is
Section 46 of the Ontario Condominium Act, 1998 gives owners a formal way to force the board to hold a meeting on a specific issue. It’s not a lawsuit, and it doesn’t require a lawyer to start. Owners representing at least 15% of the voting units in the corporation can sign a written requisition stating the purpose of the meeting and deliver it to the board. Once the board receives a valid requisition, it has to hold that meeting within 35 days. Courts have also made clear the Act shouldn’t be read too rigidly: if the intent behind a requisition is clear, small technical imperfections in the paperwork don’t invalidate it.
Most owners go their entire time in a building without knowing this exists. I didn’t fully understand it myself until this situation forced me to look it up.
How It Played Out
Once we understood the rule and what it would cost owners, a small group of us started talking to neighbours. Not a formal campaign, just conversations, door to door and in the hallway, explaining what the notice actually meant. People were more receptive than I expected. Nobody likes finding out a decision was made without a real chance to weigh in.
We collected signatures toward the 15% threshold. It took some organizing, but it wasn’t especially difficult once people understood what was at stake. We got there. The requisition was drafted and ready to deliver to the board.
Before we formally delivered it, the board withdrew the rule. Here’s the actual statement they released to owners:
“Having heard owners’ questions and concerns since the Notice was issued, the Board believes it is important to pause the process, withdraw the rule, and give owners a proper opportunity to discuss it directly before proceeding any further. The Board also recognizes that several owners had begun organizing a requisition under Section 46 of the Condominium Act. Rather than wait for a formal requisition to be delivered, the Board has chosen to withdraw the rule proactively so that owners can engage in a full and open discussion before any revised rule is considered.”
Why This Matters Beyond One Rule
No lawyer, no tribunal filing, no drawn-out fight. Just a group of owners who understood their rights and were organized enough to use them. That’s the entire story, and it’s also exactly what Section 46 is designed to do: give owners real leverage before a disagreement turns into something more expensive and adversarial for everyone.
The board, to their credit, read the room and made the right call before things escalated further. Not every board will. But knowing this tool exists changes the conversation from the start.
How to Use This If You’re Facing Something Similar
If your board passes or proposes a rule that concerns you, here’s the practical version of what we did:
Read the notice and your declaration carefully. Understand exactly what’s changing and what it costs you, not just the general idea of it.
Talk to your neighbours. Most people don’t read every notice closely. A short, factual explanation goes a long way, and you’ll often find you’re not the only one concerned.
Find out how many voting units your building has, so you know what 15% actually looks like in signatures.
Put the purpose of the meeting in writing, get it signed, and deliver it to the board. Don’t worry about making it perfect. Courts have consistently sided with owners when the intent is clear, even if the wording isn’t flawless.
Know that once a valid requisition is received, the board has 35 days to hold the meeting. That deadline is real leverage.
Condo living means giving up some control over decisions that affect your home. It doesn’t mean giving up your voice entirely. If you’re weighing whether condo ownership is right for you, I wrote a broader breakdown of the real pros and cons of condo rules and boards that’s worth reading alongside this one.
📞 647-212-8599 or book a free call here.
Rule changes like this one affect resale value across the whole condo market, not just one building. The Toronto Regional Real Estate Board (TRREB) tracks GTA-wide condo pricing trends if you want the bigger picture.