Calling a Special General Meeting: The Process for Making a Written Demand

When Owners Can Demand a Meeting

The Strata Property Act gives owners a powerful tool. As stated in section 43(1) of the Act:

Persons holding at least 20% of the strata corporation’s votes may, by written demand, require that the strata corporation hold a special general meeting to consider a resolution or other matter specified in the demand.

The demand must be signed by each person making it (section 43(2)). It is not enough to simply ask for a meeting verbally or by informal email—a formal, written demand is required.

These demands are usually referred to as petitions. The petition must clearly state all relevant details of the demand, as these cannot be added or addended later by the organizer. Generally, a petition will set out the exact wording of the proposed resolution, followed by spaces for the strata lot number, the owner’s name, and their signature.

Sending a demand for a meeting that does not include the wording of the resolution for which you are seeking a vote, may result in a meeting being called where no business is conducted.

What Makes a Good Resolution?

A common mistake is to demand a meeting to “amend the bylaws to allow dogs,” for example, without providing the actual wording of the proposed bylaw amendment. The Strata Property Act requires that the notice of meeting include “the proposed wording of any resolution requiring a 3/4 vote, 80% vote or unanimous vote” (section 45(3)(a)). This means your demand should include the full text of the resolution you want considered, not just a general idea.

Serving the Demand

The written demand must be delivered to the strata corporation. The best practice is to deliver it to a council member or the strata’s mailing address on file in the Land Title Office. If you are unsure, you can request the list of council members and the official mailing address under section 35/36 of the Act. Note that the strata corporation has up to 20 days to provide this list, due to the way time is calculated under the Strata Property Act and the Interpretation Act (2 weeks’ notice plus deemed delivery and exclusion of the first and last day).

What Happens Next?

Once the demand is received, the strata corporation must hold the special general meeting within 4 weeks (section 43(3)). The president of the council may call the meeting without holding a council meeting (section 43(4)). The resolution or matter specified in the demand must be the first item on the agenda (section 43(5)).

If the council does not call the meeting within the required time, the owners who made the demand may call the meeting themselves, following the procedures in the Act, regulations, and bylaws (section 43(6)).

When calculating the deadline for the strata council to call a Special General Meeting (SGM) after receiving a written demand from owners, it is important to note that the four-week period set out in the Strata Property Act does not always start on the date the demand is sent. If the demand is mailed, emailed, or faxed to the strata corporation, the Act deems the demand to be received four days after it is sent.

Additionally, when counting the four-week period, both the first and last days are excluded from the calculation. As a result, owners should not simply add four weeks to the date the demand was sent, even if hand delivered to a council member directly. Instead, they should add four days for deemed delivery, then count four weeks (excluding the first and last days) to determine the actual deadline for the council to call the meeting.

Tip: Requesting the List of Owners and Mortgagees

If you believe you may need to arrange the meeting on your own—such as when all council members have resigned or if, as a council member, you’re aware of a deadlock—you’ll need to get a list of owners, their strata lot addresses, any alternate mailing addresses, mortgagees who have submitted a request for notification, and tenants who have informed the strata corporation that the owner has assigned them voting rights. You can request this information under section 35/36, but be aware that the strata corporation has up to 20 days to provide it.

Notice Requirements for a Special General Meeting

Section 45(1) of the Act requires at least 2 weeks’ written notice of a special general meeting to every owner, eligible mortgagee, and tenant who has been assigned voting rights. However, due to the way time is calculated (deemed delivery and excluding first and last days), this means at least 20 days’ notice in practice.

The notice must include:

• The date, time, and place of the meeting (section 45(3)(b))
• A description of the matters to be voted on, including the proposed wording of any resolution requiring a 3/4, 80%, or unanimous vote (section 45(3)(a))
• Instructions for attending by electronic means, if applicable (section 45(3)(c))

Be sure not to send a notice of meeting until the strata corporation’s deadline to call it has fully passed. If you organize the meeting before the four-week period is up, it may not be valid and could lead to confusion or frustration among owners. If the strata corporation typically sends notices by email, you’ll usually know right away whether a notice was sent by the deadline. But if notice is usually sent by mail, you may wish to wait another 4 days in case the meeting was called just before the deadline expired.

Sample Petition (Demand) of Special General Meeting

Below is a sample petition (demand) for a special general meeting:

Petition (Demand) of Special General Meeting

The Owners, Strata Plan [ABC123]

To: The Strata Council of Strata Plan [ABC123]

Re: Demand for Special General Meeting under Section 43 of the Strata Property Act

We, the undersigned, are owners of strata lots in Strata Plan [ABC123] and collectively hold at least 20% of the votes as required by section 43(1) of the Strata Property Act. We hereby demand that the strata corporation call and hold a Special General Meeting for the purpose of considering and voting on the following resolution(s):

1. Resolution to Amend Bylaws (example wording):

Be it resolved by a 3/4 vote of the Owners, Strata Plan [ABC123], that the bylaws be amended as follows: [insert full text of proposed bylaw amendment, e.g., ‘Bylaw X is repealed and replaced with: “One dog is permitted per strata lot.”’]

2. Resolution to Remove a Council Member and Elect a Replacement (example wording):

Be it resolved by a majority vote of the Owners, Strata Plan [ABC123], the following council member(s) will be removed and an election be held to replace the council member(s) for the remainder of the term of council: [insert name of each person proposed to be removed]

Names, signatures, and strata lot numbers of owners demanding the meeting:

Sample Notice of Special General Meeting

Below is a sample cover page and agenda for a special general meeting:

Notice of Special General Meeting

The Owners, Strata Plan [ABC123]

[Date Notice Issued]

To: All Owners, Mortgagees Entitled to Notice, and Tenants Assigned Voting Rights

Notice is hereby given that a Special General Meeting of the Owners, Strata Plan [ABC123], will be held as follows:

Date: [Insert Date]

Time: [Insert Time]

Place: [Insert Location or instructions for electronic attendance]

This meeting has been demanded by owners holding at least 20% of the strata corporation’s votes, in accordance with section 43 of the Strata Property Act. The meeting is being called by the owners themselves, as the strata corporation did not call the meeting within the required 4-week period as set out in section 43(6) of the Act.

Agenda:

(a) certify proxies and corporate representatives and issue voting cards;

(b) determine that there is a quorum;

(c) elect a person to chair the meeting, if necessary;

(d) present to the meeting proof of notice of meeting or waiver of notice;

(e) approve the agenda;

(f) approve minutes from the last annual or special general meeting;

(g) consideration of Resolution(s) as Demanded by Owners Holding at Least 20% of the Votes:

1. Resolution to Amend Bylaws (example wording):

Be it resolved by a 3/4 vote of the Owners, Strata Plan [ABC123], that the bylaws be amended as follows: [insert full text of proposed bylaw amendment, e.g., ‘Bylaw X is repealed and replaced with: “One dog is permitted per strata lot.”’]

2. Resolution to Remove a Council Member and Elect a Replacement (example wording):

Be it resolved by a majority vote of the Owners, Strata Plan [ABC123], the following council member(s) will be removed and an election be held to replace the council member(s) for the remainder of the term of council: [insert name of each person proposed to be removed]

(h) terminate the meeting.

Important:

Only matters specified in the demand may be considered at this meeting.

A resolution that requiring approved by a 3/4 vote may be amended during the meeting if the amendment does not substantially change the resolution and is approved by a 3/4 vote before the vote on the resolution.

A resolution requiring approval by a majority vote may be amended during the meeting if the notice of meeting includes a description of the matter to be voted on. Items that are not listed in the agenda as matters to be voted on cannot be considered at the meeting.

By following the process set out in the Strata Property Act, owners can ensure their voices are heard—even when the council is unwilling or unable to act. If you have questions about the process, you may wish to consult a strata lawyer or professional experienced in strata governance.