Can a Condo Board Change the Rules in Ontario?

A new rule shows up in your mailbox. Maybe it limits where you can park, when you can renovate, or how you use the common areas. You may wonder whether the board can really do that on its own.

The answer depends on what kind of document the restriction sits in. Rules, by-laws and the declaration each have different limits and different ways of being changed. This article explains the differences, the notice steps, and how owners can push for a vote.

Rules, by-laws and the declaration are not the same

Every condo corporation has a declaration, by-laws and rules. The declaration and by-laws must be registered, but rules do not need to be registered.

Rules have to meet a test. They 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 also be reasonable and consistent with the Condominium Act, the declaration and the by-laws.

The declaration is different. It is not held to any legal standard of reasonableness. That is why it matters so much to find out where a restriction actually comes from before you decide how to challenge it.

How a board must make or change a rule

A board cannot simply post a notice and call it done. To make or change a rule, it must send owners several things:

• The proposed rule.
• The suggested start date.
• A reminder of the right to requisition a meeting.
• Copies of sections 46 and 58 of the Act.

If owners do nothing, the rule takes effect 30 days after the notice unless owners requisition a meeting. What a missed step would mean for a particular rule depends on the facts, so keep the notice you received and confirm your position with a lawyer.

How owners can force a vote

Owners who object can requisition a meeting. If they do, the board must hold the meeting and a vote within 35 days. The vote is decided by a majority of votes cast by owners.

The requisition has to meet some formal requirements:

• It is in writing.
• It states the topics to be discussed.
• It is signed by owners of at least 15% of the voting units.
• It is delivered to the board.

Tenants cannot sign a requisition, and neither can owners who are 30 days or more in arrears. Because the threshold counts voting units, collecting signatures early matters.

Why the source of a restriction matters: pets as an example

Pets show why it pays to know where a restriction comes from. Both the declaration and the rules can restrict or ban pets, but a pet restriction in the declaration is not subject to the reasonableness test that applies to rules.

The Condominium Authority Tribunal can decide disputes about pet provisions in the governing documents, including whether a provision is reasonable and consistent and whether the right process was used to make it. It cannot deal with a pet dispute that is not tied to a specific provision.

If you are asked to deal with a pet issue, you must keep complying with the governing documents while you try to change them, for example through an owner-requisitioned meeting. Owners or the corporation may file a Tribunal case against an owner who does not comply.

Service animals are not pets. Their accommodation is protected by Ontario's Human Rights Code, and those disputes go to the Human Rights Tribunal of Ontario. Condo legislation can also change over time, so confirm which version of the process applies on the day you act.

What to do next

• Read the notice carefully and note the date it was sent and the proposed start date.
• Check whether the restriction is in the rules, the by-laws or the declaration.
• Talk to neighbours early if you want to reach the signature threshold for a requisition.
• Put the requisition in writing, list the topics and deliver it to the board.
• Keep following the rule in the meantime unless it has been changed.
• Ask a lawyer if the process looks wrong or the rule seems unreasonable.

Frequently asked questions