What are governing documents

What are governing documents?

Governing documents include your condo’s declaration, by-laws and rules. They set out what owners, residents and the corporation can and cannot do. Everyone must follow these documents and the Condo Act. If there’s a conflict, the Act takes priority, followed by the declaration, by-laws, and then rules.

How are governing documents enforced?

Boards can take these escalating steps to enforce governing documents:

1. Notify residents who are not complying to make them aware of the issue
2. Follow up as needed, including sending them a letter
3. If necessary, send a letter from legal counsel
4. File the issue to the Condominium Authority Tribunal if it’s within its jurisdiction
5. File the issue to mediation, arbitration or the Superior Court if it not within the CAT’s jurisdiction.

Learn more about solving common condo issues.

How are governing documents changed?

Governing documents include your condo’s declaration, by-laws and rules, each with a difference process for making changes.

Declaration: Needs written consent from 80 to 90 per cent of owners, depending on the change.

By-laws:

• Boards agree to pass, change or repeal by resolution at a board meeting
• Boards calls an owners’ meeting and proposed change are included in the meeting notice
• Owners vote at the meeting – most changes need majority approval
• Approved changes are registered with the Land Registry Office

Rules: Board can make changes and must notify owners. The rule is adopted unless owners request a meeting to challenge it before the effective date.

What can condo rules regulate?

Condo corporations can create rules for two purposes:

• Promote the safety, security and welfare of owners
• Prevent unreasonable interference with the use and enjoyment of units and common areas