A condominium's instruments are the legal documents that pertain to the
condo corporation, mainly the description, declaration and the by-laws.
declaration and by-laws, and any changes to them, must be registered in
the lands titles division of the municipal land registry office.
The policies and rules are not instruments and they are not registered.
condo directors are responsible for maintaining the present and future
financial well-being of the property, the health and safety of all the
residents and people who work on the property and insuring that all the
residents respect the rights of everyone else to peaceful enjoyment of
In order to fulfill their duties, the Act gives the board a tremendous
amount of power to fulfill their duties. The board must follow the
following documents when making their decisions.
The directors are required to follow the provisions of the Act. Last
changed in 1998, the Act can only be changed by provincial legislation.
declaration was written by the developer. It requires 80 to 90% of all
owners, agreeing in writing, to have any changes made to the
original by-laws were written by the developer and may have been
changed time-by-time by the condo board and ratified by the owners at
an owners meeting.
The Act doesn’t mention policies. The board can make changes to the
corporation policies by a majority vote on a resolution at a board
meeting. The Act is silent on how and when the board must inform the
owners of any changes or additions in policies.
However there has been a court judgment that states that the
corporation’s policies must be reasonable and consistent with the Act
and that they are binding on the owners.
The original rules were written by the developer and can be added to or
amended by a motion passed at a board meeting. The owners can
requisition a meeting of owners if they wish to rescind or amend a rule.
The condo instruments, policies and rules differ from city codes and ordinances in that they are private
agreements between private citizens and are based on a specific and
subjective vision for quality of life and property value.
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