Part 47 published on 01/09/14
Requisition valid even if “signed” by printed names, rather than handwritten signatures.
The condominium corporation planned to carry out a non-substantial modification to the common elements. The corporation therefore provided notice to the owners pursuant to section 97(3) of the Condominium Act, 1998. Owners then submitted a requisition for a meeting of owners to consider the proposed modification. 63 of the owners executed the requisition forms, “19 of which were executed by indicating their names in cursive writing and 44 were executed by the writing of the owner’s name in print”. The condominium corporation asserted that the printed names were not acceptable and refused to call a meeting of owners, given that fewer than 15% of the owners had signed the requisition (if one did not include the printed names). The Court ruled that the requisition was valid and the meeting should be held. The Court said:
… I have concluded that the printed names of the condominium unit owners equally constituted the document being “signed” as required by the Act as do the requisition forms where the owners have recorded their names in cursive writing.
The Court also held that it was proper to submit separate requisition forms, in counterpart, and that the 15% threshold could be achieved by totaling the owners on the separate forms.