Owning a condo in Ontario means you will become part of a vast community with certain responsibilities and rules that come with it. You must abide by the condo owner rights in Ontario. Unfortunately, new owners don’t exactly know what this entails. Our experts will explain what these condo owner rights are in this article.
Condo Owner Rights in Ontario
Recently, people in Ontario are choosing to purchase a condo over other house types because of its affordability and reduced responsibilities [1]. However, when you are buying a condo, you need to be aware of specific rules and obligations. It helps to be mindful so that surprises don’t spring up.
Ownership Rights
As a condo owner in Ontario, you are entitled to some rights. Below are condo ownership rights you must know:
- Enjoy your condo space peacefully without constituting a nuisance for others living in the same community.
- You have a right to vote at the owners’ meetings.
- You have the right to review any of the condo corporation’s records, including financial records.
- You have the right to get notified should any individual from the condo’s board needs to gain access to your suite for inspection and repair purposes.
- As an owner, you become part of the election to the board of the condo community.
- Condo owners have the right to request an owner's meeting.
- Condo owner rights allow you to exercise your right to raise an issue in any of the meetings.
- You have the right to seek accommodation for a disability.
- The ownership rights give you the authority to sell your unit or rent it out legally to the individual you deem fit for it.
Condominium Act
The Condominium Act is a set of laws that govern the condo owners association, the board, purchasing, and living. It also regulates how condo corporations are created, managed, and owned in Ontario. It requires them to comply with the act and the by-laws.
The Condo Act lays out the requirements for how each governing document is created and amended. The governing documents must be consistent with the Condo Act. For instance, the Condominium Act governs how the declaration document, the by-laws, and the rules are formed and used.
The declaration is a legal document that creates a condo corporation. It contains vital provisions and is often described as the constitution of the condo corporation. The by-laws dictate how the condo corporation will govern itself and conduct the affairs of the board directors. It’s often described as the administrative guide for the corporation.
The last documents contained in the Condominium Act are the rules. These rules are designed for the condo owners’ safety. If you are looking for a new condo to purchase, it helps to read and comprehend the corporation’s rules and restrictions to ensure that you are using the unit without any violations.
The Condominium Act has been amended on a few occasions to suit Ontario’s current living conditions, giving more power to the corporation and the condo owners.
Role and Responsibilities as a Condo Owner
As mentioned earlier, owning a condo comes with responsibilities. As an owner, the following are a few of the responsibilities you must keep in mind:
- Adhere strictly to the condo's by-laws, declarations, and rules.
- Maintain your condo suite and keep it in good condition all the time.
- You must pay the common expenses and service fee, such as chargebacks as levied by the condominium corporation. The fees are used to carry out repairs and maintenance in common areas, such as elevators, lawns, exercise facilities, etc.
- Never interfere in businesses or space regarding your neighbor's unit.
Condo Board
Just like the condo owner, the condo board also has to perform certain duties. According to the Condominium Act, the condo’s board of directors is responsible for overseeing the affairs of the condo corporation. As part of their responsibility, the following is what the condo board can do:
- Ensure that everyone complies with the Condominium Act and the condo's by-laws, rules, and declarations.
- Notify owners in advance of any upcoming meetings.
- Notify condo owners in advance if the corporation needs to access the unit for repairs and inspections.
- Act sincerely and in their best capacity as directors.
- Carry out repairs and maintenance in accordance with the Condominium Act and the corporation’s by-laws.
- Provide condo owners with all the vital documents like financial statements, summaries of reserve fund studies, audit reports, etc.
(If you want to reduce the cost of your condo purchase, considering to invest in a pre-construction condo is a great option)
FAQ
What are the rights of condo owners?
The rights of condo owners are stipulated in the Condominium Act. It requires the unit owners association and the board to fully adhere to the act’s by-laws, rules, and declarations.
The owners have the right to inspect financial and other condo records. They can also file a lawsuit against the board or individual members who exceed their powers and violate the by-laws, the condominium act, or the declaration.
Can a condo board evict an owner in Ontario?
No, a condo board can’t evict an owner in Ontario. Ontario’s recent Condominium Act doesn’t give a condominium corporation the authority to force an owner to sell his unit or expel them from his or her unit.
Conclusion
Condo owner rights in Ontario are pretty straightforward. Our property team of experts is confident that if you follow all rights and abide by the stipulated rules in the Condominium Act, you will live at ease.
Additionally, it’s crucial that as a condo owner to keep your responsibilities in mind. Performing part of your duties will resort to harmonious community living.
To know more about the real estate industry, you can also read these helpful pages:
