Filing Requirements

This question asks if the condominium corporation has sent a notice to register the termination of the corporation. The termination in this instance would have been approved by owners’ consent under section 122 of the Condo Act or as the result of substantial damage to the condominium corporation property under section 123 of the Condo Act.

What is a Section 122 termination?

A condominium corporation may terminate under section 122 of the Condo Act if:

• At least 80 per cent of unit owners vote in favour of its termination; and
• At least 80 per cent of those who have registered claims against the property consent to the termination in writing. The claims must have been created after the property was registered as a condominium corporation.

Note: A registered claim is an interest in property, such as a lien, that a third party has registered with the Land Registry Office.

• The corporation must then register a notice of termination signed by the authorized officers of the condominium corporation, terminating the government of the property by the Condo Act, with the LRO. The notice must be in the mandatory form, which can be found here.

Section 123 (termination: substantial damage)

• When a condominium corporation terminates under section 123 of the Condo Act, it means that there was substantial damage to the property of the condominium corporation which initiated the termination of the government of the property by the Condo Act.
• For this type of termination to occur:
  • The condominium board first must have at least two unaffiliated and qualified persons estimate the damage caused to the property within 30 days of the damage occurring;
  • The board must then make a determination based on the resulting estimates as to whether or not the damage is “substantial”;
  • The board must then give the owners a notice of their determination. The notice must also specify that the owners have the right to requisition an owners’ meeting under section 46 of the Condo Act;
  • The owners of at least 80 per cent of the units must vote in favour of the termination; and
  • The condominium board must register a notice terminating the government of the property by the Condo Act.
• “Substantial damage” is defined in section 123 (2) of the Condo Act as damage where:
  • The cost of repairing the damage is estimated to be equal to OR greater than 25 per cent of the cost of replacing all the buildings and structures located on the condominium’s property.

Question 2 asks whether the condominium corporation sold the property, thus terminating the condominium corporation under section 124 of the Condo Act. For the sale to be possible, the owners would have voted in favour of the sale. After the sale, certain required documents would have been delivered to the purchaser.

For more information on section 124 of the Condo Act, please see below.

Section 124 (termination: sale of the property)

• If a condominium corporation sells its property or a part thereof in accordance with section 124 of the Condo Act, that property ceases to be governed under the Condo Act.
• For termination to occur in this way:
  • At least 80 per cent of unit owners must have voted in favour of the sale; and
  • At least 80 per cent of those who have registered claims against the property, where the claims were created after the property was registered as a condominium corporation, must consent to the termination in writing.
  • A claim is a legal right against the value of a piece of property, where the claim belongs to someone other than the actual owner of the property. Common examples of claims are a mortgage on a home or a lien against a condominium unit.
• If exclusive use common elements are to be sold, then the owners who have designated use of those common elements must consent in writing.
• Section 124 (3) establishes that when a sale takes place, the condominium board must deliver certain documents to the purchaser. These documents must be signed by authorized officers of the condominium corporation, and include:
  • A deed (a legal document which transfers ownership of the property to the new owner); and
  • A certificate in a mandatory form which states that the persons (described above) who are required to vote in favour of the sale, or consent to the sale in writing, have done so.

Question 3 asks whether the condominium corporation has received a notice of intention from the government to convert the condominium corporation, or a portion of the property, for public use.

For more information on expropriation, please see below.

What is expropriation?

• Expropriation under section 1 of the Expropriations Act means an expropriating authority (e.g., a municipality) has taken land without the consent of the owner in the exercise of the expropriating authority’s statutory powers.
• Example: A municipality seeks to build a road on land occupied by residential properties and/or other private land. In this scenario, the municipality may seek to expropriate the land (take ownership of the land) without the consent of the owners.

What is a “notice of intention to expropriate”?

• For an expropriation to occur under section 6 and section 4 of the Expropriations Act, the “expropriating authority” must apply for the expropriation and provide notice by:
  • Serving a notice of its intention to expropriate on the owner of the land; and
  • Publishing the notice in a newspaper for three consecutive weeks.
• In addition, the owner of the land may seek a hearing at the Ontario Land Tribunal (OLT) under section 6 and section 7 of the Expropriations Act.
  • After the hearing, the OLT produces a report respecting the hearing and the approving authority makes a decision to either approve the expropriation, not approve the expropriation, or approve the expropriation with modifications under section 8 of the Expropriations Act.

Question 4 asks whether the condominium corporation has applied to or received from the court an order to terminate the condominium corporation under section 128 of the Condo Act.

For more information on section 128 of the Condo Act, please see below.

This question refers to a situation where the condominium corporation itself has applied to the Superior Court of Justice ( SCJ) for an order to terminate the government of the property by the Condo Act.

Section 128 (termination: court order)

• Under section 128 of the Condo Act, the following may make an application to the SCJ for an order to terminate the government of the property by the Condo Act:
  • The condominium corporation itself;
  • An owner in the condominium corporation; or
  • A person having an encumbrance against a unit and common interest.

Note: An encumbrance is a right to, or interest in, land which is held by third persons and not by the owner of the land. Examples include a mortgage or lien.

• The SCJ may make an order to terminate a condominium corporation if the court is of the opinion that the termination would be just and equitable, having regard to:
  • the scheme and intent of the Condo Act;
  • the probability of unfairness to the owners if the court does not order termination;
  • the probability of confusion and uncertainty in the affairs of the condominium corporation or of the owners if the court does not order termination; and
  • the best interests of the owners.

Question 5 asks whether the condominium corporation has been notified that an individual applied to the court, or any other legal action, for an order to terminate the condominium corporation under section 128 of the Condo Act.

For more information on section 128 of the Condo Act, please see below.

Section 128 (termination: court order)

• Under section 128 of the Condo Act, the following may make an application to the Superior Court of Justice (SCJ) for an order to terminate the government of the property by the Condo Act:
  • The condominium corporation itself;
  • An owner in the condominium corporation; or
  • A person having an encumbrance against a unit and common interest.

Note: An encumbrance is a right to, or interest in, land which is held by third persons and not by the owner of the land. Examples include a mortgage or lien.

• Under section 128 (2) of the Condo Act, the SCJ may make an order to terminate a condominium corporation if the court is of the opinion that the termination would be just and equitable, having regard to:
  • the scheme and intent of the Condo Act;
  • the probability of unfairness to the owners if the court does not order termination;
  • the probability of confusion and uncertainty in the affairs of the corporation or of the owners if the court does not order termination; and
  • the best interests of the owners.

Question 6 asks whether the condominium corporation has been notified that the landowner applied to the court for an order to terminate the lease of the land under section 173 of the Condo Act.

For more information on section 173 of the Condo Act, please see below.

• Leasehold condominiums may also terminate. However, under section 173 of the Condo Act, the lessor (landowner) may only terminate a leasehold interest in all the units of the condominium if they are granted a court order to do so.
• To terminate the leasehold interests, the lessor first must apply to the Superior Court of Justice (SCJ) for an order terminating all the leasehold interests, which the condominium corporation must receive notice of from the lessor.

Question 7 asks whether the condominium corporation has been notified by the landowner of their intention not to renew the lease of the land under section 174 of the Condo Act.

For more information on section 174 (1) of the Condo Act, please see below.

• As described above, leasehold condominium corporations do not own the land they exist on but have a leasehold interest in the land for a term ranging between 40 to 99 years.
• The leasehold interests in the units of the condominium corporation expire at the end of the term.
• At least five years before the end of this term, the lessor must give the condominium corporation notice under section 174 (1) of the Condo Act:
  • A written notice of intention to renew all the leasehold interests; or
  • A written notice of intention not to renew all the leasehold interests.
• The condominium corporation must give all unit owners a copy of the notice sent by the lessor.

Question 8 asks whether the owners voted to terminate the lease of the land and whether the landowner has been notified under section 174 of the Condo Act.

For more information on section 174 of the Condo Act, please see below.

• As described above, leasehold condominium corporations do not own the land they exist on but have a leasehold interest in the land for a term ranging between 40 and 99 years.
• The leasehold interests in the units of the condominium corporation expire at the end of the term.
• At least five years before the end of this term, the lessor must give the condominium corporation notice under section 174 (1) of the Condo Act:
  • A written notice of intention to renew all the leasehold interests; or
  • A written notice of intention not to renew all the leasehold interests.
• The condominium corporation must give all unit owners a copy of the notice sent by the lessor.
• Under section 174 (6) of the Condo Act, if the owners object to the renewal and want the leasehold interests not to be renewed, 80 per cent of the unit owners must vote against the renewal.

A condominium corporation may cease to be a condominium corporation under certain circumstances. This process is known as “termination”. When a condominium corporation terminates, its property (or a part of the property) is no longer governed by the Condo Act. Although not a very common event, terminations do sometimes occur.

There are several ways that a condominium corporation may terminate:

• When the unit owners consent to the termination;
• When substantial damage to the property occurs;
• When there is a sale of the property or part of the property;
• When the property, or part of the property, is expropriated;
• When the Superior Court of Justice (SCJ) makes an order that the property be terminated; and
• When a lessor applies to the SCJ for an order terminating a leasehold condominium corporation.

Expropriation under section 1 the Expropriations Act means an expropriating authority (e.g., a municipality) has taken land without the consent of the owner in the exercise of the expropriating authority’s statutory powers.

Example: A municipality seeks to build a road on land occupied by residential properties and/or other private land. In this scenario, the municipality may seek to expropriate the land (take ownership of the land) without the consent of the owners.

The effective date is the date that the change or event described in the question took place. You only need to provide an effective date if you have answered “yes” to a mandatory question.

There are two broad categories of condominium corporations: freehold and leasehold. The major difference between the two is who owns the land that the condominium corporation is on.

In a leasehold condominium, the land that the condominium corporation exists on is not owned by the condominium corporation. Instead, the land is leased from the actual owner of the land for a certain period. Leasehold condominium corporations are less common than freehold condominium corporations.

When condo owners buy their unit in a leasehold condominium, they buy a leasehold interest in the units and common elements, but they do not own the land. The Condo Act treats leasehold condominium corporations much like freehold condominiums but some key differences are:

• The common expenses fee that that the unit owner pays to the condominium corporation includes a portion of the rent that must be paid to the owner of the land; and
• If the lease of the land expires, the condo owner’s right to occupy the unit is automatically terminated.

Leasehold condominium corporations do not own the land that they exist on. A “lessor” is the owner of the land, defined under section 1 of the Condo Act as the person who owns the freehold estate in the land described in the condominium corporation’s description.

The registration date may affect the amount of the condo corporation’s first Assessment Fee depending on the change.

You may be required to pay additional fees if the registration date is earlier than initially reported. You will receive a credit in your next invoice if the opposite is true.

The number of voting units is used to calculate a condo corporation’s annual Assessment Fee. You may be required to pay additional fees if you are increasing the number of voting units through an updated invoice, which must be paid within 30 days.

If the opposite is true, you will be credited the difference in your subsequent invoices.

You can locate this date on the first page of the declaration. If your condo corporation was registered with the Land Registry Office on or before Sept. 1, 2017, you should enter that as the date.

If it was registered after, you can enter the date as shown in your declaration.

No. The current version of the SNOC form must be used as of Oct. 14, 2022. You will be asked to re-submit using the current form if an older version of the form has been used.

Amendments to Schedules C and D generally indicate the number and types of units in each phase.

Reconciling requires that sequences of units be added in batches for each level. If you need to add a single unit to a phase, you must do so in a separate entry as shown below. If there is a break in the sequence, you must start a new entry as well.

Use the auto-calculated ‘Total Units on Level’ figures to reconcile your total number of voting units. You will be alerted to this through a message asking you to review the information if the totals do not match.

Example 1 – Schedule C:

“Boundaries of the residential units: Being units 10 to 19 inclusive on Level 1; Units 13, and 19-29 inclusive on Level 2; Units 30 to 55 inclusive, and unit 58 on Level 3; Units 27-51 inclusive on Level 4.”

The user added ten units to Level 1, one unit in Level 2 and a further 11 units to Level 2. Each of these entries had to be recorded separately. Two entries had to be entered for level two because unit 13 is not in sequence with units 19-29.

The completed table will look like this:

Example 2 – Schedule D:

The user looked at Schedule D to find a list of units and identified that units 9-20 needed to be added. Units 9 and 10 are voting units and 11 to 20 are parking units.

The completed tables in this case will look like this: