Answers to your questions about your condo corporation’s governing documents.
The declaration is one of two legal documents used to create a condo corporation and can only be amended with written consent of 80 to 90 per cent of owners, depending on the type of amendment. By-laws specify how the corporation will run, while condo rules define standards of behaviour for the community and how units and common elements can be used. Read more about this on our governing documents page.
Boards can pass, change or repeal by-laws but owners must approve these changes. Here’s the process:
- Boards agree to pass, change or repeal by-laws by resolution at a condo board meeting
- Boards call a meeting of owners about proposed changes. The notice calling the meeting must include information about the proposed changes.
- Seek board approval at the meeting through a vote on the by-law by owners.
- Register changes with the Land Registry Office once approved by the owners
Most by-laws require approval from the owners representing a majority of the units in the corporation to become binding.
Rules may be passed, amended or repealed by condo directors but owners have the right to provide feedback and input.
Boards that change rules must provide a notice to owners and include:
- A copy of the change
- A copy of the change
- The date the board is suggesting the rule become effective
- A reminder that owners have the right to requisition an owner’s meeting about the rule, and that the rule will become effective 30 days after the notice unless a meeting is requisitioned
- A copy of section 46 and section 58 of the Condo Act, which cover owner requisitioned meetings
Rules are automatically adopted unless owners representing a majority of voting units vote against them. Owners can requisition a meeting about rules anytime and boards must hold that meeting and call a vote within 35 days of the requisition.
Here is more information on how to request an owners’ meeting.
All members of condo communities must comply with the Condo Act and governing documents.
Boards can follow these steps to resolve any issues:
- Notify residents who are not complying to make them aware of the issue and follow up as required, including by sending them a letter.
- If necessary, send a letter from legal counsel
- File the issue to the Condominium Authority Tribunal if it is within the CAT’s jurisdiction.
- File the issue to mediation, arbitration or the Superior Court if it not within the CAT’s jurisdiction.
For more information, on the most common types of condo disputes, read about Solving Common Issues.