Amending the Condo Documents

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Lately our firm has been working on a lot of revisions to condominium documents: the declaration, description, by-laws and rules. Cannabis has been a very popular topic these past few months. Some condominiums are updating their condominium documents to reflect changes to the Condominium Act, 1998. Others are making changes to the number of directors or their qualifications.

Many clients complain that the process to change their documents is confusing. The main reason for the confusion is that each type of document has its own process to change it. The purpose of this post is to describe the basic process to change each of the documents.

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Errors in the Declaration or Description?

Despite being reviewed by a number of people during the development phase, sometimes a declaration or description is registered with an error or inconsistency in it. For instance, where two condominiums are mirror images of each other and the documents prepared from the first are used for the second. When the declaration for the second is registered they forget to switch the proportions to account for the reversed layout, which leads to the smallest units paying the largest share and the largest units paying the smallest. Unfortunately, the error is not discovered until after the second condominium is registered and the owners of the largest units (paying the smallest amount) will not consent to an amendment. What can be done? Continue reading