Condo

Condo Declaration

The foundational legal document that creates the condominium corporation and defines each unit's boundaries, common elements, and the percentage of common expenses each owner is responsible for. It also outlines the rights and obligations of owners. The declaration is registered on title and is part of the status certificate package.

Why It Matters

The declaration is the condo's constitution. It defines what you actually own, what's shared, and what your financial obligations are. It can also contain restrictions on things like pets, rentals, and renovations. Review it before buying -- it governs your life in that building.

Real-World Example

You purchase a condo at King and Spadina intending to rent it out on Airbnb. After closing, you discover the declaration contains a clause prohibiting rentals of fewer than 12 months, effectively banning short-term rentals. The building's management company sends you a warning letter within weeks of your first listing. Because the declaration is a legally binding document registered on title, you have no grounds to challenge it. You are forced to switch to a long-term tenant, significantly altering your investment projections.

Ontario & GTA Context

In Ontario, the condo declaration is registered on title with the Land Registry Office and can only be amended with the approval of owners representing at least 80% of units (or 90% for certain fundamental changes). The declaration must comply with the Ontario Condominium Act, 1998. Recent amendments to the Act have given condo corporations broader power to restrict short-term rentals through their declarations, which many Toronto buildings have exercised.

How It Works in Practice

Have your lawyer review the declaration before you finalize a condo purchase, paying special attention to rental restrictions, pet policies, renovation rules, and the unit boundary definitions. The declaration determines whether your balcony, parking spot, and locker are owned units or exclusive-use common elements -- a distinction that affects your rights and resale options.

Common Questions

Can a condo declaration be changed in Ontario?▾

Yes, but it requires a high threshold of owner approval -- typically 80% or more of all units, depending on the type of amendment. Some fundamental changes require 90% approval. The amended declaration must be registered with the Land Registry Office to take effect.

Does the condo declaration override the rules and by-laws?▾

Yes. The declaration is the highest-level governing document of a condo corporation. By-laws and rules must be consistent with the declaration. If there is a conflict, the declaration prevails. Think of it as the condo's constitution, with by-laws and rules being secondary legislation.

Related Terms

Related Guides

Condo Buying

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