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November 09, 2011 Mario D. Deo
Posted in condominium act

How can a Board of Directors amend a declaration?

A condominium declaration is created exclusively to each condo at the time of registration. Declarations can become outdated and not fit the present modern condo trends. In most cases the only option available to the board of directors is to amend the declaration. When amending a declaration, the board may decide to include aspects of condo culture that were not the norm during the time of the declarations execution or some amendments will concern excluding things that no longer fit the present condo standards. Whatever the goal may be, amending a condominium declaration is governed by section 107 of the Condominium Act (the “Act”). Below is a list of steps simplifying the procedure:

Step 1: Once the board has reviewed the proposed amendment, a registration version of the amendment will be prepared and sent to the Land Registry Office for pre-approval. This is not a legally required step, but highly recommended so there are no surprises when the amendment is presented for registration.
 
Step 2: After acquiring pre-approval by the Land Registry Office, the proposed amendments must be approved by the board by resolution.

Step 3: Prior to the owners meeting to consider the proposed amendments, (no vote is taken at the meeting) a notice of the meeting must be sent out in accordance with the usual owners meeting procedures and this package must contain:
  • Details of the meeting (meeting agenda)
  • A copy of the proposed amendment
  • Consent forms (for owners to approve the amendments in writing)
  • Clear instructions to the owners to bring the executed form during the meeting if they approve the proposed amendments must be detailed in this package.

Step 4: The proposed amendments must be approved in writing by the owners of at least 80% or 90% (depending on the changes made) of all units including residential, parking, locker, communication, recreational, superintendent and guest suites in the corporation. Owners are those who are registered owners of the unit on record with the Land Registry Office at the time the board approves the proposed amendments.

Step 5: At the time the board approves the proposed amendments, notice must be sent in accordance with section 47 of the Act, to all mortgagees on record at that time and 30 days must pass as per section 107 (5) of the Act, before the amendments can be registered. A method to keep track of the passage of the 30 day period is to send out the notice to mortgagees (if any) at the same time the corporation sends out the notice of meeting.

Step 6: Once the corporation obtains the required consent from the owners (through collection of the consent forms) and the requirements detailed in Step 5 have been completed, the corporation may proceed with registering the proposed amendments.  
 

Step 7: A “Confirmation Form” must be executed prior to registration to verify that the steps noted above have been complied with. Upon registration, a prescribed certificate (Form 1, 0. Reg. 49) is to be signed by the appropriate members of the board and must accompany the proposed amendments. 

Mario D. Deo

Mario D. Deo Partner

B.A., LL.B.

mdeo@finedeo.com
905.760.1800 x225
905.760.0050

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