What Are the Main Condo Laws That Protect Owners in Ontario?
Your main protections come from the Condominium Act, 1998, your building's declaration, its by-laws and its rules, and some disputes can go to the Condominium Authority Tribunal. Each layer works a little differently.
Rules must aim to promote the safety and welfare of owners and property, or to prevent unreasonable interference with the use of units, common elements or assets. They must be reasonable and consistent with the Condominium Act, the declaration and the by-laws. Rules do not need to be registered, unlike the declaration and by-laws, and the declaration is not held to any legal standard of reasonableness. Amending the declaration needs 80% of the units to consent, or 90% for changes to cost-sharing proportions, access to common elements or maintenance responsibilities.
Owners can ask for a meeting by a written requisition signed by owners of at least 15% of the voting units. The Tribunal can decide disputes about pet provisions in the governing documents. Your rights to records and other kinds of disputes depend on the facts, so a lawyer can confirm what applies to you.
Key takeaways
- Condo rules must be reasonable and consistent with the Condominium Act, the declaration and the by-laws.
- A new or changed rule takes effect 30 days after notice unless owners requisition a meeting.
- A requisition must be in writing and signed by owners of at least 15% of the voting units, and tenants cannot sign it.
- The Condominium Authority Tribunal can decide disputes about pet provisions, including whether a provision is reasonable and consistent.