Board Membership — Removal — MauriceDriveCondo.Org

This document summarizes how owners can remove directors under the Ontario Condominium Act.

Director vs. Board Member In Ontario condo law, “director” and “board member” mean the same thing. “Director” is the legal term used in the Condominium Act. “Board member” is just the everyday phrase. There is no difference in status or power.

Under Ontario law, owners may remove any director at any time by requisitioning a meeting and passing a majority vote. Directors do not serve fixed terms protected from removal; they serve only so long as owners support them.

1. Owners’ Right to Remove Directors (s.33)

Owners have the legal right to remove any director at any time. The process is governed by:

The Condominium Act, 1998 (Ontario)
The corporation’s Bylaws

This power exists regardless of:

The director’s term length,
Whether misconduct occurred,
Or whether the director agrees.

No cause is required.

2. Removal Process (Step by Step)

Owners can remove any director using the following process:

Step 1: Requisition a Meeting

Owners representing at least 15% of the units must sign a written requisition requesting a meeting for the purpose of removing one or more directors. The requisition must:

Be in writing,
Identify the directors proposed for removal,
And be delivered to the corporation.

Step 2: Schedule a Meeting

The corporation must schedule a special owners’ meeting. The meeting agenda must clearly state:

Specify that director removal is on the agenda,
Identify the directors concerned,
And include replacement elections if applicable.

Step 3: Vote at the Meeting

At the meeting:

Each unit has one vote.
Only owners (or their proxies) may vote.
A simple majority of votes cast is sufficient to remove a director.
Votes are counted per unit, not per person.
Directors proposed for removal may vote only if they hold voting rights as owners or proxies.

Step 4: Replacement of Directors

At the meeting:

Owners may elect replacement directors by majority vote.
If replacements are not elected, remaining directors may fill vacancies as permitted by the Bylaws.

3. Key Legal Rules

Removal cannot be blocked by the Board.
No court or tribunal approval is required.
No legal arguments are necessary.
The removed director immediately loses all authority and office.
Officer positions (president, treasurer, etc.) automatically terminate upon removal as director.