Condominium Act, 1998, S.O. 1998, c. 19 (Historical version for the period December 31, 2022 to June 7, 2023)

• Jurisdiction: Ontario
• Coming into Force: 31 December 2022
• End of Effective Date: 07 June 2023
• Status: historical

Condominium Act, 1998

S.O. 1998, CHAPTER 19

Consolidation Period: From December 31, 2022 to the e-Laws currency date.

Last amendment: 2020, c. 36, Sched. 7, s. 301.

CONTENTS

PART I
DEFINITIONS and interpretation

Definitions and interpretation

1 (1) In this Act,

“administrative agreement” means the agreement described in subsection 1.2 (1); (“accord d’application”)

“annual general meeting” means a meeting of the owners of a corporation held in accordance with subsection 45 (2); (“assemblée générale annuelle”)

“approval authority” means the approval authority for the purposes of sections 51, 51.1 and 51.2 of the Planning Act; (“autorité approbatrice”)

“auditor” means a person licensed as a public accountant under the Public Accounting Act, 2004 who is appointed as an auditor of a corporation under section 60; (“vérificateur”)

“board” means the board of directors of a corporation; (“conseil”)

“building” means a building included in a property; (“bâtiment”)

“by-law” means a by-law of a corporation; (“règlement administratif”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “by-law” in subsection 1 (1) of the Act is amended by adding “or a by-law made under subsection 21.1 (4)” at the end. (See: 2015, c. 28, Sched. 1, s. 1 (2))

“claim” includes a right, title, interest, encumbrance or demand of any kind affecting land but does not include the interest of an owner in the owner’s unit or common interest; (“réclamation”)

“common elements” means all the property except the units; (“parties communes”)

“common elements condominium corporation” means a common elements condominium corporation described in subsection 138 (2); (“association condominiale de parties communes”)

“common expenses” means the expenses related to the performance of the objects and duties of a corporation and all expenses specified as common expenses in this Act, in the regulations or in a declaration; (“dépenses communes”)

“common interest” means the interest in the common elements appurtenant to,

(a) a unit, in the case of all corporations except a common elements condominium corporation, or

(b) an owner’s parcel of land to which the common interest is attached and which is described in the declaration, in the case of a common elements condominium corporation; (“intérêt commun”)

“common surplus” means the excess of all receipts of the corporation over the expenses of the corporation; (“excédent commun”)

“condominium authority” means the corporation that the Lieutenant Governor in Council has designated as such under clause 1.1 (1) (a); (“autorité du secteur des condominiums”, “autorité”)

“condominium guide” means a guide that is described in subsection 71.1 (1); (“guide sur les condominiums”)

“condominium management provider”, “condominium management services” and “condominium manager” have the same meaning as in the Condominium Management Services Act, 2015; (“fournisseur de services de gestion de condominiums”, “gestionnaire de condominiums”, “services de gestion de condominiums”)

“corporation” means, unless the context provides or requires otherwise, a corporation created or continued under this Act; (“association”)

“declarant” means a person who owns the freehold or leasehold estate in the land described in the description and who registers a declaration and description under this Act, and includes a successor or assignee of that person but does not include a purchaser in good faith of a unit who pays fair market value or a successor or assignee of the purchaser; (“déclarant”)

“declarant affiliate” means a body corporate with or without share capital, whether or not this Act applies to it, that is related to a declarant by reason of being deemed to be,

(a) a subsidiary of the declarant under subsection 1 (2) of the Business Corporations Act,

(b) a holding body of the declarant under subsection 1 (3) of the Business Corporations Act, or

(c) affiliated with the declarant under subsection 1 (4) of the Business Corporations Act; (“membre du même groupe”)

“declaration” means a declaration registered under section 2 and all amendments to the declaration; (“déclaration”)

“deed” includes a transfer under the Land Titles Act; (“acte scellé”)

“delegated provisions”, when used in connection with the condominium authority, means the provisions of this Act and the regulations that the Lieutenant Governor in Council specifies under clause 1.1 (1) (b) and of which the administration is delegated to the condominium authority under subsection 1.1 (3); (“dispositions déléguées”)

“description” means a description registered under section 2 and all amendments to the description; (“description”)

“encumbrance” means a claim that secures the payment of money or the performance of any other obligation and includes a charge under the Land Titles Act, a mortgage and a lien; (“sûreté réelle”)

“freehold condominium corporation” means a corporation in which all the units and their appurtenant common interests are held in fee simple by the owners; (“association condominiale de propriété franche”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definition: (See: 2017, c. 33, Sched. 2, s. 75 (1))

“guarantee fund” has the same meaning as in subsection 2 (1) of the Protection for Owners and Purchasers of New Homes Act, 2017; (“fonds de garantie”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definition: (See: 2015, c. 28, Sched. 1, s. 1 (9))

“improvement” means, in relation to a unit,

(a) any part of a unit, where the part does not constitute a standard unit or part of a standard unit, or

(b) any repair or modification to a standard unit that is done using materials that are higher in quality, as determined in accordance with current construction standards; (“amélioration”)

“leasehold condominium corporation” means a corporation in which all the units and their appurtenant common interests are subject to leasehold interests held by the owners; (“association condominiale de propriété à bail”)

“lessor”, in relation to a leasehold condominium corporation, means the person who owns the freehold estate in the land described in the description; (“bailleur”)

“Minister”, in relation to a particular provision of this Act, means the Minister responsible for administration of the provision; (“ministre”)

“mortgage” includes a charge under the Land Titles Act, in which case “mortgagor” and “mortgagee” mean the chargor and the chargee under the charge; (“hypothèque”, “débiteur hypothécaire”, “créancier hypothécaire”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definition: (See: 2015, c. 28, Sched. 1, s. 1 (11))

“non-leased voting unit” means,

(a) except in subsection 46 (2), a unit of an owner who is entitled to vote in respect of the unit at a meeting to elect or to remove a director, where the unit is used for residential purposes and the unit is not subject to a lease, as determined by the regulations, within the 60 day period before the time that the board gives a preliminary notice under subsection 45.1 (1) for the meeting, or

(b) in subsection 46 (2), a unit of an owner who is entitled to vote in respect of the unit at a meeting to elect or to remove a director, where the unit is used for residential purposes and the unit is not subject to a lease, as determined by the regulations, within the 60 day period before the date that the board receives a requisition for a meeting under that subsection; (“partie privative non louée conférant le droit de vote”)

“owner” means,

(a) in relation to a corporation other than a leasehold condominium corporation or a common elements condominium corporation, a person who is shown as the owner of a freehold interest in a unit and its appurtenant common interest, according to the records of the land registry office in which the description of the corporation is registered, and includes a mortgagee in possession and a declarant with respect to any unit that the declarant has not transferred to another person,

(b) in relation to a leasehold condominium corporation, a person who is shown as the owner of the entire leasehold interest in a unit and its appurtenant common interest, according to the records of the land registry office in which the description of the corporation is registered, and includes a mortgagee in possession and a declarant with respect to any unit in which the declarant has not transferred the leasehold interest to another person but does not include a tenant of the owner, or

(c) in relation to a common elements condominium corporation, a person, including the declarant, who is shown as the owner of a common interest in the common elements and a freehold interest in the parcel of land to which the common interest is attached, as described in the declaration, according to the records of the land registry office in which the description of the corporation is registered; (“propriétaire”)

“phased condominium corporation” means a phased condominium corporation to which Part XI applies; (“association condominiale constituée par étape”)

“pre-existing elements” and “pre-existing elements fund study” have the same meaning as in subsection 17.1 (1) of the Ontario New Home Warranties Plan Act; (“éléments préexistants”, “étude du fonds des éléments préexistants”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definitions of “pre-existing elements” and “pre-existing elements fund study” in subsection 1 (1) of the Act are repealed and the following substituted: (See: 2017, c. 33, Sched. 2, s. 75 (2))

“pre-existing elements” and “pre-existing elements fund study” have the meaning prescribed by the regulations made under the Protection...