What is the difference between a condo declaration, by-laws, and rules in Ontario?
Ontario condominiums have a three-tier set of governing documents, each with different purposes and different thresholds to change.
The declaration is the foundational constitutional document registered at the land registry office when the condo is created. It defines the unit boundaries, common elements, ownership percentages, and fundamental restrictions. Changing the declaration requires a very high owner vote threshold — typically 80 percent of all units — plus mortgagee consent.
By-laws govern the internal management of the corporation: director elections, quorum, the board's powers, and sometimes pet or parking policies. By-laws require approval by at least a majority of all units and take effect once registered.
Rules are the day-to-day conduct standards — noise cutoffs, amenity booking, move-in/move-out procedures, renovation notice requirements. Rules are made by the board and can be changed more easily than by-laws; owners may requisition a meeting to vote them down within 30 days of notice.
Key takeaways
- The declaration is the hardest to change and sets the most fundamental terms.
- By-laws govern governance structure and require majority owner approval.
- Rules govern conduct and can be made or changed by the board alone, subject to owner challenge.
- All three documents bind owners regardless of whether they were reviewed at purchase.