The Declaration

The declaration can be thought of as the constitution of the corporation. It is one of the two legal documents along with the description that create a corporation when builders or landowners file them at the Land Registry Office. Declarations must be consistent with the Condo Act.

See also

Summary

• Condominiums can’t be registered until the declaration is filed with the Land Registry Office
• Any amendment to the declaration requires consent in writing from 80 – 90% of the owners

• Contents of the declaration
• Amending the declaration
• Differences between the declaration and rules
• Enforcing the declaration

Contents of the Declaration

The Condo Act has specific requirements about what must go into the declaration, including:

1. Addresses for the corporation
2. Proportions of common expenses’ fees allocated to each unit
3. Identification of elements not for common use, such as balconies, private terraces, etc
4. Unit boundaries

The Condo Act also allows for other optional provisions to be included:

1. Restrictions on owner behaviour, such as a no smoking provision, restrictions on rentals, etc
2. Allocation of the responsibilities of owners and the corporation to repair and maintain units and common elements

Owners can request a copy of the declaration from their corporation by submitting a records request.

Section 7(2) of the Act lists everything that declarations must contain.

Amending the Declaration

Declarations can only be amended at an owners’ meeting. Boards must call the meeting through a notice that includes the proposed amendment and at least 80 or 90 per cent of the units must consent to the change.

• The 90 per cent threshold applies if the change is about:
  • The proportions of the common expenses’ fees allocated to each unit
  • Changing access to common elements
  • Who is responsible for maintenance and repair of common elements

  Condo boards must send notices listing any approved changes to all mortgagees listed in the corporation’s record of owners and mortgagees.

  Amendments must also be registered with the Land Registry Office. A change made to the declaration will not be effective until the copy of the declaration has been registered.