Key Condominium Documents

Condominiums, in general, represent a way of ownership for a multi-unit building where each unit is individually owned, while the common elements (i.e. hallways, elevators, etc.) are owned by all unit owners. In order to legally create a condominium and manage its operations, there are certain key documents required which form the condominium's constitution. These documents are briefly described below:

Declaration and Description

Both the Declaration and Description are required to be registered on title to the property before a condominium can be recognized. The Declaration is the basic document creating the condominium corporation. It contains a written description of the units, how ownership of the common elements is to be allocated and it may also state any restrictions to the use of the unit or the common elements. Also, there may be special provisions relating to recreational facilities. The Description, on the other hand, is prepared by a surveyor and is a pictorial representation of the boundaries of the units and common areas.

By-Laws

By-laws of a condominium are similar to those of any corporation. They regulate the management and operation of the condominium. Matters included in the by-laws include the number of directors and notice periods for the meetings of directors and unit owners. In order for the By-laws to be effective, they must be registered on title.

Rules and Regulations

Directors of the condominium may pass rules for the condominium respecting the use of the common elements and units. The rules must be intended to promote the safety, security and welfare of the owners, and the property and assets of the condominium. To be effective, these rules need to be reasonable and notice provided to each unit owner. Unlike the condominium By-laws, rules and regulations do not need to be registered on title.