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As you can see, while a condo board cannot directly evict a unit owner, it can initiate legal proceedings that may result in the forced sale of the unit if the owner fails to comply with the inium's governing documents. More insightful tips on condo living: Condo Maintenance Fees: Things to Know.
Can a condo board evict an owner in Ontario? No, a condo board can't evict an owner in Ontario. Ontario's recent inium Act doesn't give a inium corporation the authority to force an owner to sell his unit or expel them from his or her unit.
What's a “record”? Section 55(1) of the inium Act, 1998 (the “Old Act“) required a inium corporation in Ontario to keep “adequate” records and provided a partial, non-exhaustive list of which documents and things are “records”.
Section 58 (2) of the Act provides: “The rules shall be reasonable and consistent with this Act, the declaration and the bylaws.” Rules made by a condo corporation board of directors take effect 30 days after notice of them is given to the unit owners unless the unit owners require a meeting of owners which can amend ...
Condo corporations can now conduct virtual or hybrid meetings and votes without the need to pass a specific bylaw. This change, which came into effect in 2023, makes it easier for condos to hold meetings electronically, building on the practices many condos adopted during the COVID-19 pandemic.
Amending the Declaration Declarations can only be amended at an owners' meeting. Boards must call the meeting through a notice that includes the proposed amendment and at least 80 or 90 per cent of the units must consent to the change.
Most bylaw changes can be passed by what's called an ordinary resolution. An ordinary resolution is one that is passed when a majority of members vote in its favour unless your bylaws say otherwise. But there are some bylaw changes that can only be passed by special resolution.
If the bill passes the vote, it is then sent to the other Chamber, where it goes through the same process. Once the bill has been passed in the same form by both Chambers, it goes to the Governor General for Royal Assent and then becomes Canadian law. The law becomes enforceable once it comes into force.
Amending by-laws Boards call a meeting of owners about proposed changes. The notice calling the meeting must include information about the proposed changes. Seek board approval at the meeting through a vote on the by-law by owners. Register changes with the Land Registry Office once approved by the owners.
Given the difficultly in replacing a condo board, requisitioning for a meeting to replace the board requires consideration. If replacing the board appears to be a necessary option, requisitioning a meeting for the purpose of removing the board requires signatures from a minimum of 15% of all owners.