S HIBLEY R IGHTON LLP

C ONDOMINIUM G ROUP
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CONDOMINIUM
OWNERS' AND
RESIDENTS' GUIDE
By Audrey M. Loeb, LSM, OOnt., B.A., LL.B.,
LL.M., Honorary LL.D., ACCI

@SRCondoLaw
www.shibleyrighton.com

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SR - 764323.8
 Audrey M. Loeb, LSM, OOnt., B.A., LL.B., LL.M., Honorary LL.D., ACCI
Shibley Righton LLP
700 - 250 University Avenue
Toronto, ON Canada M5H 3E5
Tel: 416.214.5267 Fax: 416.214.5467 Toll Free: 1.800.214.5200
Email: aloeb@shibleyrighton.com
Audrey Loeb carries on a focused practice in real estate and condominium law,
advising with the others in the Real Estate & Condominium Practice Group,
developers, buyers, sellers and condominium corporations on issues of
corporate governance and operations.

Audrey is AV Rated by Martindale – Hubbell and recognized by both Best

Lawyers (Canada) and Lexpert as one of Canada’s leading Real Property
Lawyers with a focus on condominiums.

Audrey was awarded The Law Society Medal in 2008, the Order of Ontario in 2019 and an honorary Doctor of Laws in
2022.
She is the author of the leading texts on Condominium Law in Ontario entitled - Condominium: Law and Administration
and The Condominium Act: A User’s Manual, published by Thomson Reuters.

She is Professor Emerita of Metropolitan Toronto (formerly Ryerson) University, School of Business Management.

She is a frequent lecturer for the Law Society of Ontario, the Ontario Bar Association and Toronto Real Estate Board. She
is a regular columnist in the Toronto Real Estate Board News. She is a frequent guest expert on the CBC and City TV on
issues relating to condominium law.

She is a former member of the National Board of Directors of the Canadian Condominium Institute (CCI), the Consumer
Advisory Committee of the Board of Directors of the Tarion Home Warranty Program and the Board of Directors of the
Real Estate Council of Ontario and has written regular columns for both the Globe and Mail and the Toronto Real Estate
News.

Education

London School of Economics and Political Science (LL.M.)

Osgoode Hall Law School, York University (LL.B.)
McGill University (B.A.)

Additional information

Recipient of the Law Society Medal (2008) recognizes outstanding Ontario lawyers whose service reflects the highest
ideals of the legal profession. Fewer than 160 lawyers have received The Law Society Medal since it was struck in 1985.
Audrey was awarded the medal for her significant contributions to the profession, and to her community as the founder
and Chair of the “Weekend to End Breast Cancer” (now the Weekend to End Women’s Cancers) benefiting the Princess
Margaret Hospital Foundation.

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 TABLE OF CONTENTS
Page
Condominium Ownership: What you need to know. ................................................................................................................. 1

The Act is divided into parts: ............................................................................................................................................... 1

What are the advantages of living in a condominium? .............................................................................................................. 1

What are the disadvantages? ............................................................................................................................................. 1

What is a Condominium Corporation? .................................................................................................................................. 2

Are there other types of condominium developments besides the "typical" condominium?................................................................ 3

Who is responsible for what parts of the condominium property? ................................................................................................ 4

Is there any warranty on my property? .................................................................................................................................. 4

What are the expenses I will pay as a unit owner?................................................................................................................... 5

How are the common expenses determined? ......................................................................................................................... 5

What is the Condominium Authority of Ontario (“CAO”)? ........................................................................................................... 5

What is a reserve fund? ..................................................................................................................................................... 6

Who is responsible for managing the business of the corporation? .............................................................................................. 6

Do I have a say in what happens in the condominium? ............................................................................................................. 7

Who and when should I contact someone at the condominium? ................................................................................................. 7

How does condominium living affect me as a homeowner? ....................................................................................................... 7

Are there restrictions on what I can do in my unit? ................................................................................................................... 7

What if I want to renovate my unit? Can I change the Common Elements? Can I fence in my garden, install a satellite dish, or a patio? .... 8

Can I sell or rent my condominium unit? Are there any restrictions? ............................................................................................ 8

Can anyone enter my unit with or without permission? ............................................................................................................. 9

Who is responsible for the maintenance and repairs? .............................................................................................................. 9

Can I stop making monthly payments if I am not happy with the Board or management or the corporation does not do what I think should be
done? ............................................................................................................................................................................ 9

Do I have to get involved? ................................................................................................................................................ 10

I’d like to be on the Board of Directors. What should I do? ....................................................................................................... 10

Can board members be removed? ..................................................................................................................................... 11

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What is a director’s role? ................................................................................................................................................. 11

What makes a good director? ........................................................................................................................................... 12

What are the responsibilities of the property manager? .......................................................................................................... 12

Between meetings, does the Board have to keep owners informed? ......................................................................................... 13

When are meetings held and who calls them? What kind of notice am I entitled to receive? ........................................................... 13

Can the Owners require that the board hold a meeting? ......................................................................................................... 14

Who makes up the quorum for a meeting and who can vote? .................................................................................................. 14

How do you change the condominium documents? ............................................................................................................... 14

How is the condominium insured? ..................................................................................................................................... 15

What is a Standard Unit? ................................................................................................................................................. 15

What about additional recreation facilities? Can the condominium change the services I expect to receive?....................................... 16

There are changes coming to the Condominium Act. ............................................................................................................. 16

To Sum-Up. .................................................................................................................................................................. 16

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Condominium Ownership: What you need to contains information that applies to both; however, it is
know. focused on the residential unit owner.
When I wrote this booklet the first time in the 1980’s, The Act is divided into parts:
few people knew much about condominium
ownership. Today, Ontario has more condominiums • the Condominium Authority of Ontario ("CAO");
than anywhere else in North America, and consumers • the development of condominium corporations;
are more familiar with the condominium lifestyle. • the different types of condominium
You are now an owner of a condominium unit. This developments;
booklet is intended to help you understand what a • the sale of condominium units; and,
condominium corporation is, how it functions, what • the ownership and governance of condominiums.
laws and documents will govern your rights and create
your obligations as a unit owner and/or What are the advantages of living in a
resident/tenant. condominium?

Let’s start with some basics. The term "Condominium" There are advantages to living in a condominium.
applies to a type of property ownership, not the style Some of these are:
of building. Residential condominiums, which now • It may be more economical to purchase than
account for one out of every three new homes built in comparable non-condominium housing.
Ontario, can be apartment style units (either high-rise • It makes private ownership possible in areas
or low-rise), townhouses, (known as freehold where land values would ordinarily make this too
condominiums), detached houses, stacked expensive.
townhouses – any configuration of housing you can • It eliminates the responsibility for some of the
imagine. Non-residential condominiums can be
problems of upkeep and maintenance often
industrial, commercial, parking and/or retail. What
associated with home ownership, since the cost of
makes them "Condominiums" is not their physical the maintenance, repair and replacement of the
structure but the way in which owners share the common elements is generally shared by all the
ownership of the common areas of the property, unit owners and the responsibility is typically that
known as the "common elements", while having of the condominium property management.
individual ownership of their "units".
• It allows ownership in a multi-unit property with
In a condominium, everything not designated as a owners being responsible for paying their own
unit is common elements. The common elements realty taxes and mortgages; an owner's failure to
include exclusive use common elements, which are make these payments will not mean other unit
permanently designated to a particular unit and solely owners have to pay for them.
for the use of that unit, such as patios, balconies and • It gives the owners a right, to participate in
parking and locker spaces in some condominiums. decisions that affect their homes.
The unit owners share the costs of operating the
condominium property through the payment of What are the disadvantages?
common expenses.
• Owners typically cannot do work on the common
The Condominium Act, 1998, as amended in 2015 by element portions of their homes themselves and
the Protecting Condominium Owners Act (the "Act") will need these matters looked after by property
governs the ownership of both residential and non- management. Work may not be completed in the
residential condominiums in Ontario. This booklet time you might want.

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• Because the condominium will be professionally The Declaration will limit the uses which can be made
managed, typically, this adds another layer of of units and/or common elements. It will also allocate
costs and sometimes, depending on the type of the responsibilities of the corporation and the unit
condominium project in which you live, the costs owners regarding maintenance, repair and
are higher than they might be if you lived in a non- replacement of all or part of the units and common
condominium home. elements. The Declaration will also indicate if the
• Different people have different viewpoints and condominium shares facilities with one or more other
tastes; Compromises must be made; One size properties and will refer to a Shared Facilities
does not fit all. Agreement, which will regulate that relationship. It also
lists the common expenses of the corporation that the
What is a Condominium Corporation? owners pay through their monthly contributions.
A condominium corporation is a method of property The Description is a detailed drawing/plan of the
ownership. It is not a business corporation. A boundaries, layout and location of the units, including
condominium exists solely to manage the affairs of the both horizontal and vertical boundaries and exclusive
condominium corporation, including the maintenance, use common elements in the condominium. If a patio
repair and replacement of the buildings that form the or parking space, for example, is exclusive use
condominium property. How a condominium operates common elements designated to a unit, it will be
is regulated by the Act and the condominium included in the Declaration and shown in the
corporation’s Declaration, Description, By-laws, and Description.
Rules (collectively, the "Governing Documents").
The By-laws of the corporation regulate how the
There are no standardized condominium documents in condominium corporation is organized. They deal with
Ontario and so each developer can, subject to what is matters such as the elections of directors and their
set out in the Act, choose to include in the Governing responsibilities, the calling and holding of meetings of
Documents what it likes. It means that every the board and the owners, the qualifications, and
condominium has different provisions in its Governing disqualifications of members of the board of directors,
Documents and it is difficult to make generalized the officers of the corporation, the collection of
statements so if issues arise in your condominium, a common expenses, occupancy standards, insurance
review of the Governing Documents will be deductibles and other matters, as permitted by the
necessary to make sure you get the right answers to Act. By-laws are passed by the board of directors and
your questions. approved by the unit owners. Some By-laws require
The Declaration is the equivalent of the constitution of the approval of a majority of the units, others only
the condominium. It outlines the division of ownership require approval of a majority at a meeting, assuming
within the condominium by identifying the units, and the meeting has met its quorum requirement.
any exclusive use common elements. Anything that is By-laws will also govern Shared Facilities
not a unity is common elements relationships, the acquisition or rental of equipment
It also sets out the percentages of ownership each unit benefiting the corporation, the Standard Unit for
has in the property and the percentage that each unit insurance purposes, the borrowing of money, and
contributes to the monthly common expenses. These other matters, which the developer chooses to
are usually the same but need not be. The way these regulate by By-law or the boards enact over the years.
percentages are allocated and not mandated by the The Rules of the corporation regulate the owners’ and
Act. Even though most people assume that the residents' day-to-day living environment. Rules are
contributions to common expenses are based on the passed by the board of directors. The owners receive
square footage of the units, this is not always the case. notice of the Rules and if they do not like some or all
of the rules, have a right to requisition a meeting at

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which they can vote to amend or not approve them. If selling vacant land units, the developer will be
15% of the unit owners entitled to sign a requisition do responsible for building the house, which becomes
not call for a meeting, in accordance with the Act the part of the unit, and the transaction will close upon its
Rules automatically become effective 30 days after completion. The unit owner is responsible for all costs
notice has been given. relating to the unit, including its insurance and the
maintenance, repair, and replacement of the home.
The Act is paramount and then the Governing The condominium corporation can provide services
Documents have a hierarchy - the Declaration, and do maintenance and repair to the unit, if the unit
Bylaws and Rules. A provision in a higher-ranking owner fails to do so, and it can recover its costs against
document will usually override a conflicting provision the unit.
in a lower ranking document, although it is never quite
that simple. Common Elements Condominium - is where the
condominium has no units. The condominium consists
The developer prepares the initial Governing solely of the jointly owned property. The individually
Documents. There is neither any independent review owned parcels of land, with houses and lots, are “tied”
of them nor input from unit owners. to the common elements condominium because they
The Act and the By-laws outline procedures the have a percentage ownership interest in it. The
corporation must follow, such as the giving of individual lots are not part of the condominium
preliminary notices and notices of meetings, which can corporation. They are called “parcels of tied land” and
be given electronically, if the owner has agreed, the are commonly referred to as “POTL’s”. The POTL’s
election, removal, and replacement of directors, when are not part of the condominium. POTL owners jointly
and where meetings of owners are to be held, the use share in the costs of the common property such as
of proxies, as well as qualifications and roads and recreational areas. Because the POTL’s are
disqualifications for board membership. “tied” to a condominium corporation, the Act creates a
mechanism for ensuring that the costs of running,
Are there other types of condominium maintaining, and repairing these facilities are common
developments besides the "typical" expenses of the condominium and paid for by the
condominium? POTL’s owners. Unpaid common expense
contributions are subject to the right to lien the POTL.
All condominiums created prior to May 5, 2001, and The condominium corporation can only provide
most condominiums built since then are considered services and do maintenance and repair to the POTL,
"standard" condominium corporations. The Act if there is a separate contract with the POTL’s owner.
provides for additional types of condominium There is however no lien mechanism for recovering
developments that differ from the standard these costs against the POTL.
condominium. The additional types are vacant land,
leasehold, common elements, and phased Phased Condominium - is where the developer
condominiums. builds a condominium project, for example, a group of
townhouses or a high-rise building and intends to build
Vacant Land Condominium - allows a developer to additional components of the project over an extended
register parcels of vacant land as condominium units period. The first condominium is registered and
without the need for buildings. The unit then consists ownership of the units is transferred to the individual
of the land and whatever is built on it; the common purchasers. When the second phase of the project is
elements will usually be the roads, sewers, water complete and registered, it is collapsed into the
systems and recreational facilities, if any. The existing condominium and the first condominium and
developer may set specifications for what can or the second phase become one condominium
cannot be built on the units so that there is uniformity corporation. However, far more commonly in Ontario,
in the homes that are constructed. Usually, when multi-phased projects are registered as separate

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condominium corporations and they are bound by and closets. Townhouses and detached units might
“reciprocal agreements” for the purpose of access, include basements, garages and front or back yards
governance and payments for the Shared Facilities. as well. The unit is the property of the owner and the
unit owner is responsible for its maintenance and/or
Leasehold Condominium - is like a traditional repair.
condominium except that the condominium is on
leased land. The purchaser of the condominium unit The common elements are the parts of the property
therefore buys an interest that is limited as to its other than the individual units. These can consist of
duration. The Act states that this lease cannot be less corridors, lobbies, elevators, and mechanical and
than 40 years or more than 99 years, plus rights of electrical systems in apartment style condominium
renewal. At the end of the lease the condominium projects, as well as recreational facilities, parking
building reverts to the property owner/landlord. The areas, the landscaped grounds, and structural parts of
common expenses include rent payable to the buildings. Their maintenance and repair are normally
landlord. Leasehold condominium corporations are the responsibility of the corporation.
most often seen on land that cannot be sold, such as
that held by a hospital or other public institution. The exclusive use common elements may be
maintained, repaired and/or replaced by either the
Who is responsible for what parts of the owner(s) who benefit from their exclusive use or the
condominium property? corporation, depending on what the Declaration
provides. Generally, balconies, parking spaces,
All standard condominium projects consist of two storage lockers and lawns in townhouse
parts: the units and the common elements. Some condominiums are exclusive use common elements;
common elements, such as balconies, front and back the owners are often responsible for maintaining them
yards, patios and, in older buildings, parking spaces but the corporation is responsible for their repair. The
and lockers, are designated as exclusive use common developer has the right to determine what part of the
elements. The Declaration and/or the Description of property will constitute the units and common
the condominium corporation will describe these in elements, whether exclusive use or not, and, as a result,
detail. Although owned by all the owners, they are every condominium may be slightly different and have
attached to one or more units for all time and are for different allocations for who is responsible for
the sole use of the unit(s) to which they are linked in maintenance, repair and/or replacement. It is
the Declaration. Exclusive use common elements, important that you learn what your responsibilities are
unlike units, cannot be bought and sold. and make sure you comply with them. Failure to do so
The contents of Declarations differ. Areas designated can have financial consequences.
as common elements in one condominium corporation Is there any warranty on my property?
might be parts of individual units in another. Most often
the unit is defined by its surrounding walls; however, in The Ontario New Home Warranty Plan Act
some cases, normally in townhouse-style properties, administered by the Tarion Warranty Corporation
the unit may include additional areas such as front and provides protection for condominium buyers of newly
back yards. These distinctions can be important when constructed residential units. Tarion recently extended
it comes to the question of who is responsible for the its warranty to properties converted to a residential use
payment for window-washing and landscaping where its previous use was not residential .
services and/or repairs to the exterior brick or roof and
what the owners can or cannot do with their properties. For those buildings that do have Tarion warranty
coverage there are two types of protection.
A typical residential unit in an apartment style
condominium project consists of a living room, kitchen, The first part of the warranty is the deposit and late
dining room, bedrooms, bathrooms, entranceway hall closing protection at the time of purchase as required

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by the Tarion New Home Warranty Act. The second • Utilities and cable, if not included in the common
part is warranties on the construction of the units, from expenses; and,
the date you are required to occupy your unit and ON • A heat pump or HVAC rental may also be an
the common elements, from the date the condominium additional expense.
corporation comes into existence (its date of
“registration”, which is the date the Declaration and You are responsible for your share of the
Description are registered). condominium’s common operating and reserve fund
expenses. If you are a purchaser of a unit in a newly
The owners are responsible for reporting deficiencies constructed building, you may find that your common
in their units and the corporation for reporting expenses increase significantly in the second and third
deficiencies in the common elements. years after registration. You will also find that your
It is important to know that the warranties are limited. monthly common expenses will increase to keep up
They do not cover every defect or omission. To benefit with rising costs. Like everything else in the
from the construction warranty, the claim must be condominium, common expenses will increase.
reported to Tarion within certain timeframes, usually 1,
How are the common expenses determined?
2 or 7 years after occupancy of your unit and/or
registration of the corporation. For further information The developer is responsible for allocating the
on your warranty rights, you can contact the Tarion percentage of common expenses payable by each
Warranty Corporation 1-877-982-7466 or unit. Usually, the developer bases the allocation on the
www.tarion.com. size of the unit; the larger the unit, the greater the
amount for which it is responsible. However, a
developer does not need to do it this way and some do
not.
What is the Condominium Authority of Ontario
(“CAO”)?
On September 1, 2017, the CAO was established as
an Administrative Authority to regulate the
condominiums in Ontario.
It is funded by the payment of annual fees collected
What are the expenses I will pay as a unit owner? from the condominium corporations. The purpose of
the CAO is to make online information easily
This is a question that many buyers do not consider accessible to condominium residents, to provide
carefully enough before purchasing a condominium. mandatory training for directors and to provide a
The financial obligations you will have to meet typically dispute resolution process.
include:
All condominium corporations must register and file
• Mortgage payments. information about the condominium with the CAO, file
• Property taxes. the required information annually and pay the annual
• Monthly common expenses, including an assessment. Condominiums must file notice of
allocation to the reserve fund. changes of board membership as they occur. Each
condominium pays a fee, calculated on the number of
• Special assessments, which are common
voting units in the corporation. Failure to comply with
expenses sometimes required for unanticipated
the obligations regarding the CAO set out in the Act
costs for which the corporation has not budgeted.
can result in restrictions on access to the

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Condominium Authority Tribunal (“the CAT”) and the A healthy reserve fund may be a sign of a financially
courts. healthy condominium corporation but keep reading.
The amount in the reserve fund will vary. Where the
The CAO also has a dispute resolution tribunal known reserve fund is low, it may be because the corporation
as the CAT. If there is an issue/dispute, the corporation has completed major work recently, and monies have
or individual owners may enforce the Act and the been spent. The corporation will now start to rebuild its
Governing Documents either through mediation fund. If the low figure in the reserve is not the result of
and/or arbitration, by an application to the courts or an major work having been completed, and the amount in
application to the CAT. The intention is that all disputes the reserve fund and/or the contributions being made
arising in the condominium communities will be to it, do not comply with the engineer's
resolved through online negotiation, mediation and, if recommendations for funding, then further
those fail, by a decision maker appointed by the CAT. investigation should be undertaken. The auditor’s
The CAT can make orders equivalent to court orders report and the notes to the financial statements,
on the matters over which it has jurisdiction. provided to owners prior to the annual general
Currently disputes relating to access to records of the meeting, will indicate if the corporation is compliant
corporation, parking and pets, and nuisance are with the contribution levels set out in the reserve fund
matters that proceed through the CAT for resolution. study or if reserve fund monies are not being used
The intention is to expand the CAT jurisdiction. The appropriately. Don’t automatically assume that a large
Act also provides the right to apply to a court where an reserve fund balance is an indication of its strength.
owner or the corporation believes that his/her/its rights Failure to do repair work may be the reason.
have been unfairly affected by the conduct of either the Who is responsible for managing the business of
board of directors or other unit owners. the corporation?
What is a reserve fund? The Act provides that the board of directors of a
A reserve fund is a separate trust account, in the condominium corporation is responsible to carry out
corporation’s name. All condominium corporations the obligations of the corporation and ensure that
must have one. A portion of the monthly common owners and residents comply with the Act and the
expenses is paid into to this account. The reserve fund Governing Documents.
is the unit owners’ savings account for the major repair Usually, a property management firm, under the
and replacement costs of the common elements, direction of the board of directors, runs the day-to-day
which occur as a building gets older. affairs of a condominium corporation. Some
The contributions made are based on a reserve fund condominium corporations are self-managed, but they
study, typically prepared by an engineer, which are the exception. The board is responsible for
establishes the amount the board of directors has an overseeing that management carries out the
obligation to ensure is contributed. The Act requires corporation’s obligations, including complying with any
that all condominium corporations have a reserve fund contracts to which the corporation is a party.
study conducted and have it updated every 3 years. While a property management firm under contract to
The study requires a listing of all the major capital the corporation normally makes the day-to-day
components of the property, their expected life span management decisions, final authority for policy
and eventual replacement costs. Based on that decisions rests with the board of directors.
information, the engineer will provide the amount of
contribution that the condominium is to make annually Ontario introduced the Condominium Management
to its Reserve Fund. If the amount in the reserve fund Services Act, 2015, requiring property management
account is inadequate, the board is required to develop providers and managers need to be licensed by the
and implement a plan to ‘top-it-up’.

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Condominium Management Regulatory Authority of

Ontario (“CMRAO”).
Property managers must abide by a Code of Ethics,
take educational courses and, among other
obligations, ensure that all money paid by owners
towards common expenses is held in separate
operating and reserve fund accounts in the name of
the condominium corporation.
Do I have a say in what happens in the
condominium?
Owners have the right and should participate in the Who and when should I contact someone at the
affairs of the condominium corporation. condominium?
Decisions made by the board of directors will directly If you have a problem or a question and you are a
influence the use of common elements and what you resident or an owner of a condominium unit, you
can do with your unit. For this reason, you should be should contact management about it.
informed about what is happening in your corporation.
The Act provides that some decisions are the sole Owners and residents should typically address all their
responsibility of the elected board, but others are requests to property management. Management will
subject to approval of the unit owners. then take those matters, which the board must
consider, to the next board meeting. Do not expect that
The Act contains provisions designed to allow unit you will get an answer to your question immediately.
owners a voice in the running of the corporation, but Depending on what the question is, you may need to
most decisions are the responsibility of the board of wait until the next board meeting is held and the board
directors. members have had an opportunity to review your
The Act ensures that all the condominium records are request.
available for examination by any purchaser, owner, or How does condominium living affect me as a
mortgage lender. The Act creates two types of homeowner?
records: core and non-core records and sets out the
length of time records must be kept. Owners are Condominium living may be different from what you
entitled to access core records quickly and if requested are used to. Condominium ownership is unlike either
electronically for no fee. Non-core records can be freehold house ownership or renting; it combines
accessed by a request for records in the form set out elements of both.
in the Act and fees can be charged for preparing and
Are there restrictions on what I can do in my unit?
redacting the requested records, as well as any fees
established in accordance with the regulations under Yes, condominium ownership includes restrictions.
the Act. The following are examples:
• A condominium owner must abide by all the
provisions of the Act and the Governing
Documents;
• A resident or visitor cannot behave in a manner
that is dangerous or causes a nuisance to others;

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• Some condominiums prohibit all pets, others just many prohibit laying carpet or tiles on balconies. If you
the number and type of pets and/or pets of a are buying with a view to renovating the unit, be
certain size or weight; cautious. You may not be able to do whatever you
• Some condominiums prohibit smoking on the want. Depending on the renovation, the corporation
common elements and some prohibit smoking may engage the services of an engineer at your
anywhere in the building; expense. Many corporations require that you sign an
In-suite Renovation Agreement so that you are fully
• Owners cannot damage or fail to properly care for responsible to ensure, among other things, that the
their units. To do so depreciates the value of the construction is done properly and within specific hours,
condominium property as a whole; etc.
• If you or someone for whom you are responsible,
a tenant or family member, fails to look after your If you want to build a fence, install a satellite dish or a
unit or does something, which results in damage patio, or make other changes to the common
to your unit, other units and/or the common elements, the Act requires that you have the written
elements, you can be responsible for the costs approval of the board of directors.
arising from the damage; and, You will also have to meet the requirements imposed
• Most Declarations for residential condominiums by the board and sign a Section 98 Alteration
specify that units can only be used only for single- Agreement, which sets out your obligations with
family residential purposes in accordance with respect to the change. This Agreement will make you
the zoning by-law and not for commercial responsible for insuring, maintaining and repairing the
purposes, including Airbnb style rentals. alteration, as well as all costs relating thereto,
including the preparation of the Agreement and the
associated legal costs. This Agreement will have to be
registered on title to the unit and will be binding on any
future owner of the unit.
Can I sell or rent my condominium unit? Are there
any restrictions?
In most condominiums, owners can sell, rent, lease, or
What if I want to renovate my unit? Can I change transfer the title of their units as they choose. Many
the Common Elements? Can I fence in my garden, corporations do not allow owners to sell or rent parking
install a satellite dish, or a patio? or locker units to persons who do not live in the building
Every condominium has varying restrictions set out in nor can they retain ownership of them if they sell their
the Governing Documents regarding what owners residential units.
can do with their units. Usually, you will be able to Typically, condominium owners have the right to rent
decorate the inside of your unit as you wish, but their units. There may be restrictions in the Governing
anything beyond decorating requires the written Documents prohibiting the leasing of units for a term
approval of the board. of less than anywhere between 3-12 months, with the
Usually, you cannot remove or install a wall, change intention of eliminating rentals for short term hotel style
plumbing fixtures, install appliances or replace flooring rentals stays.
without the written permission of the Board. Short term rentals are prohibited in many
You cannot do anything that changes the appearance condominium corporations, as it contradicts the single-
of the building. Many condominiums require that all family residential zoning by-laws of the municipalities.
exterior window coverings be white or off-white and Some municipalities have enacted new by-laws that

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only allow a unit to be used for short term rentals if the and no key is in the possession of the corporation, the
owner lives in the unit being rented. locks will be changed at the owner’s expense.
An owner who leases his or her unit must deliver to the Who is responsible for the maintenance and
corporation a summary of the lease or a copy of the repairs?
lease, which includes the name(s) of the tenant(s) and
other information. Generally, maintenance and repairs to the common
elements are the responsibility of the corporation;
Many condominiums have owner and tenant maintenance and repairs to the units are the owners’
information sheets that must be completed by owners responsibility.
and/or tenants before they can move into their units.
Many also require that people moving into the If a unit owner is responsible for maintaining and/or
condominium complete an elevator reservation repairing the unit and/or a portion of the common
agreement. If not completed, the elevator will not be elements, then the owner is responsible to complete
available for the move. the repair and pay for it. If the owner fails to do it, the
corporation can do it and recover the cost of the
Owners who rent their units and their tenants are both repairs from the unit owner.
responsible to the corporation. If an owner whose unit
is rented fails to pay the common expenses, the tenant If repairs must be made inside your unit – if, for
can be instructed to pay the rent to the corporation. If example, your sink does not drain – the responsibility
the tenant does pay the corporation, that amount can for the repairs is yours. For this reason, it is a good
be deducted from the rent due to the unit owner and idea when buying into a new project, where appliances
the tenant is not subject to termination of the lease for and fixtures have been provided, to find out about the
non-payment of rent. guarantees and warranties. Are you responsible for
parts and labour costs? The builder is not responsible
The tenant is bound the Act and/or the Governing for these costs, nor is the corporation.
Documents, exactly as owners are. If a tenant does
not comply with the Act and/or Governing Can I stop making monthly payments if I am not
Documents, the condominium corporation can take happy with the Board or management or the
proceedings against the owner and/or the tenant. The corporation does not do what I think should be
costs of these proceedings are typically the done?
responsibility of the unit owner, as the owner is the All owners are legally bound to pay the monthly
landlord of the unit and responsible to the corporation common expenses. There are no grounds on which an
for the conduct of the tenant. owner can refuse to pay. Common expenses are what
Can anyone enter my unit with or without pay the monthly bills for the corporation. They include
permission? employee salaries and benefits, the management fee,
the cost of insurance, accounting, engineering, and
The Act states that any person authorized by the legal fees, as well as utilities, reserve fund
corporation may enter an owner’s unit on reasonable contributions and costs for the physical upkeep of the
notice at any reasonable time to carry out its duties. In property.
an emergency, immediate entry is permitted. The
corporation may correct any condition that violates the If you do not make your monthly payments, the
corporation’s insurance policy, the Act or the corporation will register a lien against your property for
Governing Documents, whether in the unit or on the the amount owing, together with any interest and legal
common elements. Most condominiums prohibit the costs incurred. If you have a mortgage, the mortgage
installation of additional locks and, if permitted, are lender may pay these arrears on your behalf and add
entitled to the extra key to the unit. If entry is needed the amount to the principal outstanding on the
mortgage, but the non-payment of common expenses

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constitutes default under your mortgage and the lender

may choose not to pay. If there are tenants in the unit
and neither you nor the mortgage lender pays the
arrears, the corporation can collect from tenants. If the
monies owing remain unpaid, the corporation will issue
a Notice of Sale. This allows the corporation to get a
court order for vacant possession of the unit and then
sell the unit to collect the amount owing.
Do I have to get involved?
No one needs to get involved but this is your biggest
investment and you should. You are part of a
I’d like to be on the Board of Directors. What
community. You should attend general meetings and
should I do?
vote on the issues. Now that meetings can be done
electronically, it is so much easier to participate. If your Let the people in your condominium know that you are
corporation uses proxies, whether paper or electronic, interested and your qualifications to handle the job. If
you can choose someone to give your proxy to and you are living in a newly registered project, a meeting
indicate how you want that person to vote or cast your must be held 42 days after the developer no longer
vote on the issues on the agenda for the meeting right holds majority ownership of the units. A new Board,
in the proxy. replacing the developer’s Board, will be elected at that
time. You will receive notice of that meeting, sent by
If you and/or the lawyer, who acted on your purchase
the management company under the direction of the
transaction, have not notified the condominium in
developer. Make sure the condominium has the
writing that you are now the owner of the unit with your
address at which you wish to receive notice from the
address, if you do not live in the condominium, or you
corporation.
are in arrears of your common expenses for more than
30 days, you will neither receive a notice of or be The Act requires that there be at least 3 directors on
allowed to vote at a meeting. the corporation’s board. Your corporation’s By-laws
may specify that there be more.
As an owner, you may be asked to agree in writing to
receive notices from the corporation electronically. The owners electing the directors do not determine
This allows the condominium to reduce its meeting which person will hold which position on the board (i.e.,
costs by providing notice to owners without the need who is president, treasurer etc.); the elected
to print and mail notice. individuals decide who the officers will be.
In many ways, a condominium community operates Directors are typically elected for terms of up to 3 years
much like a small town. It is the fourth level of and may run for re-election. Ideally, the first directors
government. Just as a town’s residents elect a town elected serve staggered terms of 1, 2 and 3 years and
council, so condominium unit owners elect a volunteer thereafter 3-year terms. That way, there will always be
board of directors, whose job is to oversee the running experienced individuals on the Board.
of the condominium corporation. The condominium
corporation works best when there is active interest by Before a meeting to elect directors is called, the Act
all members. requires that the condominium send a pre-notice to all
owners asking persons to indicate if they are
interested in becoming board members. If you wish to
be a board member, you should check the Act and the
By-laws to see if you meet the qualifications for board

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membership. A candidate is required to disclose major repair and replacement. In addition, the board is
information required by the Act and/or additional responsible for enforcing the provisions of the Act, and
disclosure requirements included in the By-laws if the Governing Documents. The By-laws of the
they impose before the Notice of Meeting is sent to the corporation elaborate on the duties of the board. In
owners. A candidate’s written disclosure must be general, the directors are responsible for the upkeep
delivered to the corporation. and maintenance of the condominium and other
business matters, usually by supervising the actions of
Can board members be removed? the property manager.
To remove a member of the board of directors, a Directors also have other specific powers as elected
requisition in writing for removal, signed by not less representatives of the condominium corporation. They
than 15% of the owners entitled to vote, must be can hire personnel - either individuals or management
submitted to the board of directors. It must indicate companies - to maintain the common elements. They
which board members are subject to removal and why. can enter into legal contracts and, with the consent of
Once a valid requisition is received by the board, it the percentage of unit owners specified in the Act,
must call and hold a meeting for that purpose. At that pass By-laws, make changes to the common
meeting, the members who together own a majority of elements, amend the Declaration, acquire additional
all the units may remove directors from office by a vote property or sell existing property.
in favour of removal. If removed, the owners will elect
other eligible persons to complete the unexpired Each officer of the board has a specific function:
portion of the removed directors’ term.
• the president presides at board meetings and
If a vacancy occurs on the board due to a resignation leads the board in ensuring that it meets its
or death, the Act allows the board to appoint an responsibility for the corporation’s affairs;
eligible individual to fill the vacancy until the next • the vice-president assists and can substitute in
annual meeting. the president’s absence;
What is a director’s role? • the secretary is responsible for the minutes of
meetings, giving notices of meetings, keeping the
As elected volunteer representatives of the owners, records for the corporation, including the record
the board is responsible for managing the of owners, mortgage lenders and leases;
condominium property and its business affairs. The
Act requires that a majority of directors be present for • the treasurer is responsible for expenditures and
the board to transact business. Board meetings are financial records;
generally held on a pre-arranged basis, usually on a • the functions of the secretary and treasurer are
fixed day and time each month. The By-laws of the usually done by the management company.
corporation may allow for board meetings to be held Management takes care of all day-to-day
virtually. business affairs of the corporation, reporting to
the treasurer by means of financial statements
Every board has duties as specified under the Act. and bank statements; and,
The board must ensure that the corporation registers
• some condominiums have a “general manager”
and maintains its filings with the CAO, along with
who serves as liaison between the board and the
paying the annual fee/assessment, the corporation’s
management company.
monies are held in trust and properly invested, retain
professional services, keep and make available for Since the treasurer and the board of directors have
inspection the records required by the Act, review ultimate responsibility for the business affairs of the
existing contracts, enter into contracts for property corporation, no management company should have a
management, service and maintenance, as well as for free hand with expenditures and should report monthly

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on all financial matters. The treasurer and/or one other by the corporation’s engineers, before they are sent for
board member should co-sign any cheques made out bids to ensure that the corporation is protected from
by the property manager. The treasurer is also cost overruns and unauthorized work. The contract for
responsible for overseeing the corporation’s annual the work to be done is formed based on the tender
audit. package, so it is important for it to be reviewed and
amended, as necessary, before it goes out to tender.
What makes a good director? Changes cannot be made to it once the bids have
Directors are almost always volunteers and receive no been received. Board members must remember that
fee for their work; they are, however, expected to take property managers do not have the engineering,
on a great deal of responsibility. Their decisions have accounting, or legal training to qualify them to give
far-reaching consequences, and they are responsible engineering, accounting, or legal advice.
for large sums of money. Many corporations’ By-laws The Act requires that board members complete
require that board members agree in writing to abide mandatory training from the CAO within 6 months after
by a Code of Ethics and Conduct as a qualification for being elected or appointed to the board. Failure to
board membership. meet this requirement results in automatic removal as
It is helpful if a director possesses some expertise in a board member. For those board members who want
business matters, can read financial statements and additional training, there are courses available.
understands the basic elements of corporate Contact your corporation’s lawyer or the Canadian
governance. A working knowledge of the legal Condominium Institute for information.
framework of condominium living would also be a For the protection of the condominium owners who
tremendous asset to any director. must indemnify the directors for actions they might
To avoid potential personal liability, the Act says that take (unless such actions are dishonest), the
directors should seek out and rely on the advice of condominium corporation is supposed to carry
professionals whose expertise applies to the issues directors and officers’ liability insurance. This
being considered. For example, if the board of insurance will protect board members from financial
directors consults the corporation’s accountant on a liability provided they have met the standard of care
financial issue, or lawyer on a legal issue, and makes and acted honestly and in good faith when carrying out
its decision based on that professional’s advice and their duties.
the decision results in a loss, the board members will What are the responsibilities of the property
be protected from personal liability. If, however, the manager?
board members do not seek the necessary
professional advice and make a decision, that results The property manager is an agent of the corporation
in a loss to the corporation, they may not avoid and, as the name suggests, takes care of the day-to-
personal liability, as they may not have met the day management of the property, under the direction
standard of care imposed upon them by the Act. of the board.
Board members should receive advice from several On the authority of the board, the property manager is
sources before hiring anyone to provide professional responsible for collecting and disbursing common
services. Boards should not sign a contract prepared expense money. This money, which must be held in a
by the other party to the agreement without having it trust account in the name of the condominium
reviewed by the appropriate professional. It is wise to corporation, is used to maintain, repair and replace the
seek legal advice on contractual matters since such property, pay salaries, contractual obligations, utilities,
undertakings can involve large sums of money. The insurance premiums, etc. Condominium management
corporation’s legal counsel should review the companies must be licensed in Ontario. Under the
specifications for large reserve fund projects, prepared Condominium Management Services Act, this Act

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obligates all management companies and managers developer once 50% of the ownership of units has
to be licensed and to take educational courses, comply been transferred to purchasers. After that, the Act
with standards of conduct and a code of ethics. Before requires that annual meetings be held no more than 6
signing a management contract, the board should months after the end of the corporation’s fiscal year.
have it reviewed by its legal counsel and check with
the CMRAO that the management provider and the The Act requires that before any meeting of owners is
manager are licensed. A manager or a management held by the board of directors, a Preliminary Notice of
company that is not licensed will find its contract with Meeting must be sent to all owners. This notice is in a
a condominium corporation is not enforceable and form included in the regulations and must be sent 20
monies owing to management will not be collectable days before the Notice of Meeting is sent.
by the management company. The Condominium The Preliminary Notice of Meeting includes the
Management Services Act also provides that planned date for the meeting and the purpose of the
managers will be subject to discipline procedures and meeting. If it is to elect directors, the Preliminary Notice
ultimately the revocation of a license. will call for candidates and certain disclosure
Between meetings, does the Board have to keep information about each candidate. It will also ask if
owners informed? owners want any materials added to the Notice of
Meeting that will be sent later. The board is not
Boards must issue information certificates, which are required to include any materials submitted by owners
intended to ensure that the owners are informed of in the Notice of Meeting unless 15% of the owners
what is happening in the condominium. They must be have signed the request to include it with the Notice of
delivered to owners at certain times and upon the Meeting.
happening of certain events.
Meetings are run like the meetings of business
There are three types of information certificates the corporations. These meetings can be held virtually or
Act requires the board send to owners in forms set by in person or a combination of both. A chairperson,
the government, at different times: usually the president or the corporation's solicitor, will
preside at the meeting and remarks are addressed to
1. a Periodic Information Certificate, which must the chairperson. The chairperson’s permission is
be updated by the board of directors and required to address the meeting. Minutes of the
delivered at least twice a year; meeting must be kept as a record the proceedings.
2. an Information Certificate Update, which must Motions will be presented and seconded; each motion
be delivered when certain events occur; and, will be discussed and put to a vote. There are various
3. a New Owner Information Certificate. means to vote at meetings of owners, including voting
They include information on the corporation's in person, by proxy or electronically. The board has a
insurance (including the amount of the deductibles), duty to conduct owners’ meetings fairly and allow for
the membership of the board of directors, the discussion and questions from the owners.
corporation’s compliance with the CAO requirements, At the meetings, owners will receive reports on the
as well as other matters similar to items currently condominium’s affairs, elect directors to the board,
included in a status certificate. appoint the auditor and vote only on matters included
When are meetings held and who calls them? What in the Notice of Meeting. Members of the corporation
kind of notice am I entitled to receive? can bring forward issues of general concern for
discussion. It is important to know that not all matters
The first general meeting of a new condominium require the approval of owners, and no vote is binding
corporation must be called and held within 3 months on the board of directors if notice of the matter was not
after a project is registered. This meeting is usually given to the owners in the Notice of Meeting.
combined with the Turnover meeting called by the

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Who can attend a general meeting is normally on the Record. Owners who are in arrears of common
restricted by the By-laws. Usually only owners, those expenses for more than 30 days prior to the meeting
to whom they have given their proxies, their agents, and who do not pay the amount owing in full prior to
mortgage lenders and guests of the corporation may the meeting are not counted in the quorum and cannot
attend. Others must have approval of the members, or vote at the meeting.
the chairperson of the meeting, before being allowed
to attend. Owners are responsible to ensure that their names are
in the corporation’s Record of Owners and
Can the Owners require that the board hold a Mortgagees. The Act requires that owners deliver
meeting? information regarding their ownership to the
corporation. Failure to do so will result in the owner not
If owners are unhappy or want to discuss matters with
receiving notices of meetings or having the right to
the board of directors, they have the right to requisition
vote. There is a form that must be completed for this
a meeting. Owners of 15% of the units, who are
purpose. It is not the corporation's responsibility,
entitled to vote, may sign a requisition asking the board
unless properly notified to add an owner's name to the
to call a meeting of the corporation. Signatures of
owners who are in arrears of common expense Record.
payments, residents who do not have an ownership When a mortgage is held on a condominium unit, the
interest in the unit, and tenants are not valid. If the person or institution holding the mortgage will
meeting is held in response to a requisition received probably, by virtue of the mortgage agreement, have
from owners, the requisition must be included in the the right to exercise the owner’s voting right, provided
Notice of Meeting. Since some matters do not require the owner and the corporation are notified of the
the approval of owners, the business set out in the lender’s intention to vote 4 days in advance of a
requisition may not be subject to a vote of owners and meeting. It is, however, most unusual for a lender to
the meeting will be for discussion purposes only. exercise its right to vote.
Who makes up the quorum for a meeting and who How do you change the condominium
can vote? documents?
The quorum for an owners’ meeting is 25% of the In theory, members of the condominium corporation
owners of units, or higher, if a By-law so provides, have almost unlimited power to change the Governing
entitled to receive notice and vote at the meeting who Documents. In practice, however, amending these
are present in person or by proxy, including electronic documents is not easy.
proxies. If the 25% quorum cannot be met at two
meetings, at the third meeting called, the quorum is The Act requires the written consent of either 90% or
reduced to 15% unless the By-laws of the corporation 80% of all the owners of all the units or a court order
provide for a greater quorum. To determine who is to amend a Declaration depending on which
eligible to receive notice and vote, the corporation provisions are being changed.
keeps a Record of Owners and Mortgage Lenders,
By-laws are made or amended by the board and
who have notified the corporation of their interest in the
confirmed, usually, with or without amendment, by a
property and a list of units that are in arrears of
vote in favour of members who own at least a majority
common expense payments.
of all the units. Suppose, for example, you want to
This Record lists the owners' names and addresses of have a By-law setting qualifications for board
service if they do not live in the unit. Each owner whose members. To make this change, you need the support
name is on the Record on the 20th day before the of a majority of all the units, and the board must
meeting is to be held is served with a Notice of approve it first. Some By-laws dealing with minor
Meeting, as required by the Act at the address shown

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procedural matters, can be amended with a majority 1. All your personal belongings.
vote of a quorum at a meeting. 2. All improvements to the unit being those items not
Rules are created or amended by the board of listed as part of the Standard Unit (such as
directors and notice of the Rules is given to the wallpaper, window coverings, floor coverings,
owners, advising that unless a meeting is requisitioned upgraded carpets and cabinetry, light fixtures,
and a majority of owners vote to defeat the proposed etc.).
Rules, they will be effective 30 days after the notice is 3. Any insurance deductible for which you may be
sent. responsible as provided for in the condominium
How is the condominium insured? bylaws or declaration.
4. The cost of living somewhere else if you need to
Condominium insurance is a complex issue and a very
move out of your unit because the unit is
important one for the corporation and the owners.
uninhabitable due to an insured risk or to house
The Condominium Act requires the corporation to your tenants if they cannot live in the unit.
insure its obligation to repair the condominium 5. Liability for injury to anyone hurt in your unit.
property to its replacement value, subject to a
6. Any special assessment levied by the corporation
reasonable deductible. The directors must have the
condominium assets appraised from time to time to because there are not enough insurance proceeds
determine that the corporation's insurance needs are to cover the insured loss.
met.
If your condominium does not have a standard unit
The insurance premiums are part of the common definition or bylaw, in addition to the above, you will
expenses that all owners pay. While the insurance need to insure everything in the unit that was not there
covers the full replacement value of the units and when the condominium was built.
common elements, it does not cover the improvements
to a unit or the personal property of the owner, the cost As stated above, your unit owner’s insurance should
of living out of your unit or, if the unit is rented, the loss cover the improvements made in or to your unit as well
of rental income. It will also not cover a unit owner’s as your personal property, your liability to third parties
responsibility for any insurance deductible. and any deductible that may be charged back to the
unit for damages flowing from your unit, whether you
Do I need to have insurance? are at fault or not. In some condominiums the By-laws
provide that in all circumstances, other than where the
When you occupy and/ or become the owner of a corporation’s negligence caused the loss, the unit
condominium unit you need to have insurance on your owner is responsible for the deductible.
unit.
We recommend that you contact the insurance broker
If your condominium has either a Standard Unit responsible for the corporation’s insurance or one who
definition or By-law it will include all the items in your is familiar with condominium insurance to make sure
unit covered by the corporation's insurance policy. you are properly insured and there are no gaps in
Some condominiums have a detailed list of inclusions coverage between your insurance and the
and some include only the drywall and the electrical corporation’s.
and plumbing services. You will get the Standard Unit
information with the final closing documents in a new What is a Standard Unit?
purchase and the Status Certificate in a resale
purchase. The Standard Unit definition sets out what components
of your unit are covered by the corporation’s
You should also have coverage for: insurance. In many condominiums, which came into

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existence prior to May 2001, there is no Standard Unit. There are changes coming to the Condominium
It is the government’s intention to eventually establish Act.
a Standard Unit definition that will apply to all
condominiums that do not have one. All condominium There are numerous changes in the Act, which was
corporations registered after May 5, 2001, should have passed in 2015, that will become law over an extended
a document stating what forms the standard unit; many period. The condominium world is evolving and
condominiums may have passed By-laws to establish growing. There are changes in the Act, which the
the “standard unit” for insurance purposes. As a unit government has not addressed at all and those of us
owner, you are responsible to insure all items not in the industry do not know when they will happen. As
included in the standard unit. If damage occurs in your they happen, I will update this booklet to keep readers
unit and it is covered by the corporation’s insurance or current.
the damage is to the condominium property, the To Sum-Up.
insurance company will be contacted by property
management or the board. The corporation will take Living in a condominium is more complicated than a
charge of appraisals, the hiring of contractors or single-family home. You must understand what it is
whatever else is necessary to effect repairs. Owners you are purchasing and whether the lifestyle will suit
should not be dealing directly with the corporation’s you and your family. Now that you have made your
insurer nor should they repair their units before decision, and with the benefit of the information in this
checking with management to establish if the damage booklet, I hope you discover that the advantages of
is insured. If you do repairs to your unit before condominium living are many, and that you find it a
determining who is responsible, you will not be able to rewarding experience!
recover your costs from the corporation.
What about additional recreation facilities? Can
the condominium change the services I expect to
receive?
A corporation can change services by increasing or
decreasing them. Depending on what change the
board wants to make, it must comply with the
provisions of the Act.
The corporation also has the right to sell property,
and to add, eliminate or vary the services the owners
receive.
If the addition, alteration, renovation or change in
service is substantial, a vote of 66⅔% of the owners
in favour of it is required. The Act defines what is
substantial as something that costs more than 10% of
the corporation's annual budget or anything the board
decides is substantial. Changes, which are not
substantial, do not require a vote of owners. The board
has the right to make some changes with no notice to
owners; other changes may require that notice be
given to the owners who then have a right to requisition
a meeting and vote against the change.

SR - 764323.8
 Prepared by:
Audrey M Loeb LSM. OOnt. B.A. LL.B. LL.M.
Honorary LL.D. ACCI
Shibley Righton LLP
Barristers & Solicitors
700 - 250 University Avenue
Toronto, ON M5H 3E5
Tel: 416.214.5267
Fax: 416.214.5467
E-mail: aloeb@shibleyrighton.com

SR - 764323.8