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Amending Your Condominium Declaration

The declaration is a fundamental condominium document that creates the condominium corporation, common elements and units. Its contents, which are strictly regulated by the Condominium Act, speak to essential condominium issues like: proportionate common expense contributions; corporate and owner maintenance obligations; and conditions (along with restrictions) on the use of the units and the common elements.

Because of its importance, the declaration is not easy to amend. Among the Condominium Act’s many requirements, amending a declaration requires the written consent of at least 80% of the unit owners in most circumstances. However, where the corporation purports to amend declaration terms governing common interests, common expense contributions, exclusive-use common elements, or allocation of maintenance obligations, the corporation needs written consent from 90% of the unit owners. Such requirements highlight the government’s policy rationale on amending declarations within the Act: In the absence wide-ranging consensus from the unit owners, the declaration is meant to be written in stone.

Declaration Amendment Package
Although amending the declaration is difficult, it is not impossible. It can be done with a lot of work, careful planning and patience. GMA can help. Contact one of our condolawyers for more information.

Community Standards Declaration Amendment Package
This is a specialized set of declaration amendments that allows unit owners to install certain standard installations on the common elements without the need for an owner’s alteration agreement. The permitted installations are set out in a schedule to the declaration and owners can install them as long as they follow the criteria and specifications set out in the schedule. Contact one of our condolawyers for more information.

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