The Condominium Act governs condominium ownership. The act takes precedence over the condominium documents and over all agreements where a conflict arises. The Condominium Act is partnered with both the Ontario Regulation 48 and Ontario Regulation 49
The Declaration deals with certain basic aspects of the corporation and outlines what constitutes the division of ownership within the corporation by detailing the common elements, the units, the percentage ownership each owner has in common elements, common expense proportions and creation of exclusive use common elements. In most circumstances, the declaration cannot be changed without the consent of all owners and mortgages.
As published in the September 2009 edition of CondoBusiness.
“Turn-over” is a significant stage of a condominium corporation’s existence because it is when the transfer of control of the condominium corporation from the declarant occurs.
At the turn-over meeting, in addition to the unit owners electing their board of directors, the declarant is required by the Condominium Act, 1998, to turn over certain documents, records, plans and information to the newly elected board of directors. Some of the required documents, records, plans and information must be provided by the declarant at the turn-over meeting, while others must be delivered by the declarant within 30 days from the date of the turn-over meeting.It is important for the condominium corporation to have these materials in its possession and control.
Accordingly, the newly elected board of directors should carry out what we call a turn-over audit (or arrange for the turn-over audit to be carried out) whereby, using the Act as a checklist, the condominium corporation determines which documents, records, plans and information have been provided and which remain outstanding. A request to the declarant to provide any missing materials should be made as soon as possible.
The original by-laws are usually registered by the builder and indicate how the corporation will be organized. The by-laws deal generally with the Board of Directors and the manner in which they govern the condominium. New Bylaws are passed by the Board of Directors and require approval by the owners at an Annual General Meeting or a meeting specifically called for this purpose. They must be registered with the local land registry office in order to become effective. Attched are copies of these By-laws.
Rules relate to the use of the common elements and units. The Board of Directors passes rules; they do not require approval of the owners. Rules become effective thirty days after notice of the rule has been given to each owner, unless during that period the Board of Directors receive a requisition, signed by the owners of at least 15% of the units, requiring a meeting of owners to consider amending said rules.