Why boards keep mixing up the three documents
Almost every Ontario condo corporation runs on three layers of governing documents: the declaration, the by-laws and the rules. Owners tend to call all of them "the by-laws," and even experienced directors sometimes reach for the wrong one when a dispute lands on the board table. That matters, because each document is created differently, can only regulate certain things, and is changed by a different group of people with a different threshold.
If your board has ever asked "can we just pass a rule for that?" or "do we need an owner vote?", this guide is for you. It explains what each document is under the Condominium Act, 1998, which one wins when they conflict, who can change each one, and how to pick the right tool for a governance problem. It does not walk through the full by-law amendment process step by step; that is covered in our board guide to condo by-law amendments in Ontario.
This is general information for Ontario condo boards, not legal advice. Your corporation's own documents and your condo lawyer's advice govern any specific decision.
The hierarchy at a glance
Think of the governing documents as a ladder. Each rung must be consistent with every rung above it:
- The Condominium Act, 1998 and its regulations. Provincial law. Nothing in the corporation's documents can override it.
- The declaration. The corporation's constitution, registered when the condominium was created.
- The by-laws. The corporation's operating framework for how it is governed and administered.
- The rules. Day-to-day conduct standards for the use of units and common elements.
The practical consequence is simple: a rule cannot take away something the declaration grants, and a by-law cannot contradict the declaration or the Act. When a board finds that a lower document conflicts with a higher one, the higher document prevails, and the lower provision is at risk of being unenforceable.
| Declaration | By-laws | Rules | |
|---|---|---|---|
| Purpose | Creates the corporation's structure: units, common elements, shares of common interest and expenses, use restrictions | Governance and administration: the board, meetings, finances, and certain matters the Act lets by-laws address | Conduct and use of units, common elements and assets |
| Who starts a change | Board (by resolution) or a court order | Board passes the by-law | Board makes, amends or repeals the rule |
| Owner approval | Written consent of a large supermajority of unit owners | Confirmation at an owners' meeting by owners of a majority of all units | None unless owners of 15% of units requisition a meeting within the 30-day notice period |
| Registered on title? | Yes | Yes, before it takes effect | No |
| Typical example | "Units shall be used only as private single-family residences" | Number of directors, borrowing powers, standard unit definition | Pet registration, move-in bookings, amenity hours |
The declaration: the corporation's constitution
The declaration is registered together with the description (the survey and plans) to create the condominium. Section 7 of the Act sets out what it must contain, including the proportions in which owners share the common interest and contribute to common expenses, and the address for service. It can also contain optional provisions, such as conditions or restrictions on the use of units and common elements, how the common elements are to be maintained, and which parts of the common elements are set aside for the exclusive use of particular units, such as balconies, terraces or parking spaces.
Because the declaration defines what owners bought, it is deliberately hard to change. Under section 107 of the Act, an amendment generally needs a board resolution plus the written consent of the owners of at least 80 per cent of the units, and certain fundamental matters, such as changes to the proportions of common interest or common expenses, require a higher threshold. Owners who do not consent can also have rights to object. An amendment takes effect only once it is registered. In some situations, a corporation or owner can instead apply to court under section 109 to amend the declaration, for example to correct an error or inconsistency.
What this means for boards: if the issue is a fundamental question of what a unit or common element may be used for, check the declaration first. Many use restrictions that owners think are "by-laws" or "rules," such as limits on pets or on non-residential use, actually sit in the declaration. A board cannot loosen or tighten those through a rule.
By-laws: how the corporation is governed
Section 56 of the Act lists the matters a board can address by by-law, including governing the number, qualifications, nomination, election and term of directors; the conduct of meetings; the duties of officers; the assessment and collection of common expenses; borrowing money for the corporation's purposes; and defining what constitutes a standard unit for insurance and repair purposes. By-laws must be reasonable and consistent with the Act and the declaration.
By-laws are a shared decision. The board passes the by-law, and it has no effect until it is confirmed, with or without amendment, at a meeting of owners by the required majority, which for most by-laws is the owners of a majority of all the units in the corporation, not simply a majority of those present. Once confirmed, the by-law must be registered on title before it takes effect. Reaching that majority of all units is often the hardest part in a large Toronto tower.
A common example is the standard unit by-law, which sets the baseline finishes the corporation insures and repairs. If your building has never adopted one, the corporation relies on the default standard unit rules in the regulations. Your insurance broker and condo lawyer can explain how that by-law affects claims and deductibles.
So, can a condo board change the by-laws? A board can propose and pass a by-law, but owners decide whether it survives. If you are planning a change, the step-by-step process, notice package and registration are covered in our by-law amendment guide.
Rules: day-to-day conduct
Section 58 of the Act lets the board make, amend or repeal rules respecting the use of the common elements, units or assets of the corporation. A rule must be reasonable and must either promote the safety, security or welfare of the owners and of the property and assets, or prevent unreasonable interference with the use and enjoyment of the units, common elements or assets. Rules also must be consistent with the Act, the declaration and the by-laws.
The process is lighter than for by-laws. The board approves the rule and sends owners a notice that includes a copy of the rule and the effective date. The rule takes effect 30 days after the notice unless, within that period, owners of at least 15 per cent of the units requisition a meeting. If they do, the rule must be approved by owners at that meeting. Rules are not registered on title, and owners can also amend or repeal rules at a meeting of owners.
Rules are the right tool for things like amenity bookings and hours, move-in and elevator reservations, pet registration and leashing on common elements, bicycle storage, garbage and recycling procedures, and renovation working hours. They are the wrong tool for anything that would effectively change what the declaration allows, or for governance matters the Act reserves to by-laws.
Which document wins when they conflict?
The Act prevails over all of the corporation's documents, and the documents rank in the order described above. In practice, conflicts show up in a few predictable ways:
- A rule that goes further than the declaration. For example, a rule that bans something the declaration expressly permits. The rule is vulnerable, and enforcement can backfire.
- An old by-law that conflicts with a later Act change. The Act was significantly amended in recent years, and older by-laws may contain provisions on meetings, notices or director qualifications that no longer match the statute. The Act wins.
Reasonableness also matters. A rule that is technically within the board's power can still be challenged as unreasonable. Before relying on a rule in a dispute, confirm it was properly made, notice was given and it took effect.
How to choose the right tool for a governance problem
When a new issue reaches the board, a short series of questions usually points to the right document:
- Does the Act already deal with it? If the statute or a regulation answers the question, start there; your documents cannot override it.
- Does the declaration already address it? If so, the board's job is enforcement or, rarely, a declaration amendment.
- Is it about how the corporation is run? Director elections, meetings, borrowing, standard unit definitions and similar governance matters usually call for a by-law.
- Is it about how people use the building day to day? If it is reasonable and promotes safety, security or welfare, or prevents unreasonable interference, a rule is usually the most efficient choice.
- Would the change take away something owners bought? Treat that as a signal to get legal advice before drafting anything.
Finding and keeping your governing documents
Boards and owners frequently search for "how to find condo bylaws." The declaration, by-laws and current rules are records that the corporation must keep, and owners can request copies. They are also included with a status certificate, which is why purchasers see them during a resale; our article on status certificate red flags covers what boards should watch for there. Because the declaration and by-laws are registered, they can also be obtained through the province's land registry system.
Good practice for boards includes keeping a single consolidated binder or digital folder with the declaration, every registered by-law and amendment, and the current rules with their effective dates; keeping copies of notices and meeting results for each rule change; and reviewing the full set every few years, especially after changes to the Act. A professional manager should maintain that set and be able to produce it quickly.
Enforcement and the Condominium Authority Tribunal
Section 119 of the Act requires the corporation, owners and occupants to comply with the Act, the declaration, the by-laws and the rules, and the corporation has a duty to take all reasonable steps to ensure compliance. Enforcement starts with clear communication and a consistent approach; our guide to enforcing condo rules and by-laws fairly and consistently explains how boards can do that.
When disputes escalate, the forum depends on the subject. The Condominium Authority Tribunal (CAT), run by the Condo Authority of Ontario, can hear many disputes about provisions in the declaration, by-laws or rules dealing with matters such as pets and animals, vehicles, parking and storage, and nuisances like noise, odours, smoke and vibration, as well as records disputes. Other matters may go to mediation and arbitration or to court. Because the tribunal's jurisdiction has expanded over time, confirm the current scope on the CAT website before choosing a route.
Where professional management helps
Brilliant Property Management has supported Ontario condo boards since 2002. Good management keeps your governing documents organized and current, flags provisions that conflict with the Act, drafts board-ready rule notices for counsel's review, tracks the 30-day rule notice period, and prepares owner communications for by-law confirmation meetings. If your board is reviewing its documents or its management arrangement, learn more about our condo property management in Toronto, see the full scope of our services, or start a conversation through our request for proposal page.
Frequently asked questions
Which is more powerful in Ontario, the condo declaration or the by-laws?
The declaration. Under the Condominium Act, 1998 the Act sits at the top, followed by the declaration, then the by-laws, then the rules. A by-law must be consistent with the Act and the declaration, and a rule must be consistent with the Act, the declaration and the by-laws. If a lower document conflicts with a higher one, the higher one prevails.
Can a condo board change the by-laws on its own?
No. In Ontario the board can pass a by-law, but it has no effect until owners confirm it at a meeting by the required majority, which for most by-laws is the owners of a majority of all units in the corporation, not just those who attend. It also must be registered on title before it takes effect.
Can a condo board make rules without an owner vote?
Yes, within limits. The board can make, amend or repeal rules that are reasonable and promote safety, security or welfare, or prevent unreasonable interference with the use of units and common elements. Owners must receive notice, and the rule takes effect 30 days later unless owners of at least 15 per cent of the units requisition a meeting, in which case owners vote on it.
How do I find my condo's declaration, by-laws and rules?
Start with the condo corporation: the declaration, by-laws and current rules are records the corporation must keep, and owners and purchasers can request them. They also come with a status certificate. The declaration and by-laws are registered on title, so they can be obtained through the Ontario land registry system as well.
Who enforces the declaration, by-laws and rules?
The corporation, through the board and its manager, has a duty to take reasonable steps to make sure owners, occupants and others comply with the Act, declaration, by-laws and rules. Many disputes about provisions dealing with pets, vehicles, parking, storage and nuisances such as noise or odours go to the Condominium Authority Tribunal (CAT), run by the Condo Authority of Ontario.
This article is general information about Ontario condominium governance and is not legal advice. The Condominium Act, 1998 and its regulations change from time to time, and your corporation's declaration, by-laws and rules may contain specific provisions. Consult your condominium lawyer before amending any governing document or taking enforcement action.