A condo declaration is the foundational legal document that, together with the description, creates a condominium corporation in Ontario. It defines unit boundaries, each owner's share of common expenses, use restrictions, and the division of maintenance responsibilities between owners and the corporation.
The declaration can be thought of as the constitution of the corporation. It is one of the two legal documents, along with the description, that create a corporation when builders or landowners file them at the Land Registry Office.
Sections 7 and 8 of the Ontario Condominium Act, 1998, set out the mandatory and permitted content for the declaration and description.
The declaration outlines things like unit boundaries, ownership shares in the common elements, exclusive-use areas, and how responsibilities are divided between the owners and the corporation. It also specifies each unit's proportionate contribution to common expenses, which directly determines how much you pay in monthly maintenance fees. It may specify conditions or restrictions with respect to the occupation and use of the units or common elements. That means pet restrictions, rental limitations, and rules about what you can and cannot do with your unit may originate in the declaration rather than in the condo rules or by-laws.
This distinction matters. The Condominium Act and the governing documents cannot contradict each other, but if they do, the Act is supreme, followed by the declaration, the by-laws, and then the rules. Because the declaration sits at the top of this hierarchy, its provisions carry more legal weight than by-laws or rules. The declaration is also not held to the same standard of reasonableness that applies to rules under the Act.
Changing a declaration is deliberately difficult. Most amendments require approval from at least 80% of unit owners and must be registered on title to take effect. The 90 per cent threshold applies if the change involves the proportions of the common expenses allocated to each unit or certain other fundamental matters. This high bar means the declaration tends to remain stable over the life of a building.
When buying a condo in Toronto, the declaration is included as part of the status certificate package. Your real estate lawyer should review it carefully before you waive any conditions, paying particular attention to maintenance obligations, use restrictions, and any provisions that could affect how you intend to live in or use the unit. A restriction buried in the declaration can have far greater consequences than a rule the board adopted last year. Learn more about understanding the status certificate to see what else is included in the package.