What are they?
Because many owners share one building, a condo needs documents that say how it is run and what people may do. In Ontario there are three: the declaration, the by-laws and the rules. Together they are called the governing documents.
They rank in order. The Condominium Act, 1998 comes first, then the declaration, then the by-laws, then the rules. If a lower document conflicts with a higher one, the higher one wins. For example, the Act says rules must be “reasonable and consistent with this Act, the declaration and the by-laws” (section 58 (2)).
How the three differ
| Declaration | By-laws | Rules | |
|---|---|---|---|
| What it covers | The condo’s constitution: unit and common element boundaries, each unit’s share and fee percentage, exclusive-use common elements, limits on use, leasing and sale of units, who repairs what | How the corporation runs: number and election of directors, meeting quorum, borrowing, how fees are collected, the standard unit definition | Day-to-day living: how units and common elements may be used, and standards of behaviour such as noise, pets, parking and renovations |
| Who makes it | The developer writes and registers it. Changing it needs written consent of owners of at least 80% of units (90% for shares, fee percentages, exclusive-use areas or who maintains and repairs what) (section 107) | The board passes it; it takes effect only after owners of a majority of units vote to confirm it and it is registered (section 56 (10)) | The board makes it and notifies owners. If no owners’ meeting is requisitioned within 30 days, it takes effect the next day (section 58 (7)) |
| How easy to change | Hardest | Medium | Easiest |
A plain summary of sections 7, 56, 58 and 107 of the Condominium Act. Check the Act and your condo’s actual documents for the full conditions.
Restrictions you will often see
- Pets: limits on type, size or number, or a full ban. If it is in the declaration it is very hard to change. The CAO says to make sure the condo allows your pet before you buy.
- Leasing and short-term rentals (Airbnb): the declaration may set conditions or restrictions on leasing units (section 7 (4) (c)). The CAO buyers’ guide notes that some condos set minimum lease terms to prevent short-term rentals. An owner who leases a unit must notify the corporation within 10 days and give the tenant a copy of the declaration, by-laws and rules (section 83). Cities also have their own short-term rental rules, so check with the municipality.
- Renovations: even work inside your unit may need notice to or approval from the board, and there may be limits on materials, design and the days and hours work is allowed. Changing common elements (exterior walls, balconies) needs board approval and a section 98 agreement.
- Parking and storage: rules on vehicle types, visitor parking, bicycles and lockers are common. Disputes about these provisions go to the Condominium Authority Tribunal (CAT).
- Noise, odours and smoking: section 117 (2) of the Act bans unreasonable noise that is a nuisance to others, and some condos restrict smoking or odours in their rules. How far the limits go differs by condo, so read the documents.
How a rule is made, and can owners stop it?
- The board makes or changes a rule and sends every owner a copy, the proposed effective date and a notice that owners have the right to requisition a meeting (section 58 (6)).
- Owners of at least 15% of the units (section 46 (1)) can requisition an owners’ meeting within 30 days after the board gives notice (section 58 (7)).
- If no meeting is requisitioned, the rule takes effect the day after the 30th day. If a meeting is held, owners can vote against the rule and stop it (section 58 (7)).
- Owners can also amend or repeal a rule at a meeting called for that purpose (section 58 (5)). If the board brings back a rule that is substantially the same as one owners repealed within the past two years, it has no effect until owners approve it at a meeting (section 58 (8)).
Who must comply, and what happens if you do not
Section 119 of the Act says the corporation, directors, owners and occupiers must all comply with the Act, the declaration, the by-laws and the rules. Owners must take reasonable steps to make sure their tenants and guests comply. The corporation has a duty to enforce compliance (section 17 (3)).
A breach usually brings a warning letter, then a lawyer’s letter. If the problem continues, the corporation can apply to court for a compliance order (section 134). If the court awards damages or costs, those amounts and any extra actual costs of getting the order are added to that unit’s common expenses (section 134 (5)). Disputes about pet, vehicle, parking and storage provisions, and nuisances such as noise, go first to the Condominium Authority Tribunal (CAT).
Where do I read them before I buy?
- Resale condo: the status certificate must include a copy of the current declaration, by-laws and rules (section 76 (1) (f)). Read them with your lawyer and look for anything that conflicts with your pet, rental or renovation plans.
- Pre-construction condo: the developer’s disclosure statement includes the proposed declaration, by-laws and rules. You have 10 days after receiving it to cancel the agreement, so read them then. The by-laws and rules the developer proposed before registration stay in force until the corporation replaces or confirms them (sections 56 (11) and 58 (9)).
- If you already own: you can ask the corporation to examine its records, and many condos post the documents on the property manager’s website. The CAO’s Condo Registry shows basic information about each corporation.
Example
A family with two dogs makes an offer on a Mississauga condo and receives the status certificate. Their lawyer reads the declaration and finds a clause: one pet per unit, under 11 kg. Because the declaration can only be changed with written consent of owners of at least 80% of the units, this is practically impossible to change.
The family uses their status certificate condition to end the deal and gets the deposit back. The next condo only has a rule that pets must be leashed in the common elements, which is fine. The same “pet restriction” can be easy or nearly impossible to change depending on which document it sits in.
What the law and official sources say
Quotes are copied word for word. The "In plain words" lines are our explanation, not an official translation.
The board may make, amend or repeal rules under this section respecting the use of the units, the common elements or the assets, if any, of the corporation to, (a) promote the safety, security or welfare of the owners and of the property and the assets, if any, of the corporation; or (b) prevent unreasonable interference with the use and enjoyment of the units, the common elements or the assets, if any, of the corporation.In plain wordsThe board can make rules about how units, common elements and the condo’s assets are used, but only to protect safety and welfare or to stop unreasonable interference with others’ enjoyment of their homes.
Source: ontario.ca/laws/statute/98c19 · checked Oct 30, 2026
The rules shall be reasonable and consistent with this Act, the declaration and the by-laws.In plain wordsRules must be reasonable and must not conflict with the Act, the declaration or the by-laws. This sets the ranking of the documents.
Source: ontario.ca/laws/statute/98c19 · checked Oct 30, 2026
Subject to subsection (8), a rule is not effective until the following time: … 2. If the board does not receive a requisition for a meeting of owners under section 46 within the 30 days after the board has given notice of the rule to the owners, the day after that 30th day.In plain wordsIf owners do not requisition a meeting within 30 days of the board’s notice, the rule takes effect on the day after the 30th day. If they do, the meeting decides.
Source: ontario.ca/laws/statute/98c19 · checked Oct 30, 2026
A by-law is not effective until, (a) the owners of a majority of the units in the corporation, or such other number of owners that is prescribed, vote in favour of confirming it, with or without amendment; and (b) a copy of it is registered in accordance with subsection (9).In plain wordsA by-law only takes effect after owners of a majority of the units vote to confirm it and a copy is registered.
Source: ontario.ca/laws/statute/98c19 · checked Oct 30, 2026
(b) conditions or restrictions with respect to the occupation and use of the units or common elements; (c) conditions or restrictions with respect to gifts, leases and sales of the units and common interests;In plain wordsA declaration may restrict how units and common elements are occupied and used, and set conditions on leasing, selling or giving away units. This is why pet and rental limits can sit in the declaration.
Source: ontario.ca/laws/statute/98c19 · checked Oct 30, 2026
A corporation, the directors, officers and employees of a corporation, a declarant, the lessor of a leasehold condominium corporation, an owner, an occupier of a unit and a person having an encumbrance against a unit and its appurtenant common interest shall comply with this Act, the declaration, the by-laws and the rules. … An owner shall take all reasonable steps to ensure that an occupier of the owner’s unit and all invitees, agents and employees of the owner or occupier comply with this Act, the declaration, the by-laws and the rules.In plain wordsThe corporation, directors, owners and occupiers must all follow the Act and the three documents. An owner must take reasonable steps so their tenants and guests follow them too.
Source: ontario.ca/laws/statute/98c19 · checked Oct 30, 2026
Common questions
If the Act and the declaration conflict, which one applies?
The Act. Then the declaration, then the by-laws, then the rules. The Act says a declaration that conflicts with the Act is deemed amended to match the Act (section 7 (5)). The same applies to by-laws and rules (sections 56 (8) and 58 (4)).
Can a pet ban be changed?
It depends on where it sits. A rule can be amended or repealed by owners at a meeting (section 58 (5)). A by-law needs a majority owner vote. The declaration needs written consent of owners of at least 80% of the units (section 107). If it is in the declaration, treat it as practically permanent.
Do many condos ban short-term rentals like Airbnb?
It varies. Some condos set a minimum lease term (for example, several months) or ban short-term rentals in the declaration or rules, and the city’s own short-term rental rules apply as well. If you are buying as an investor, read the documents in the status certificate and check the municipal rules before you offer.
Do tenants have to follow condo rules?
Yes. Section 119 of the Act requires occupiers to comply with the Act and the three documents, and makes the owner responsible for ensuring tenants comply. The owner must notify the corporation within 10 days of leasing and give the tenant copies of the documents (section 83).
Where do I go if I think a rule is unfair?
For pet, vehicle, parking and storage provisions, you can apply to the Condominium Authority Tribunal (CAT) if the rule is unreasonable or the process was not followed. For other provisions, raise it in writing with the board, requisition a meeting with owners of 15% of the units, or talk to a lawyer about a court application (section 134).
How do I get a copy of the declaration, by-laws and rules?
For a resale condo they come with the status certificate. For a pre-construction condo the proposed documents are in the disclosure statement. Owners can ask the corporation to examine its records.
Guides that use this term
Sources checked
- Condominium Act, 1998, ss. 7, 17, 46, 56, 58, 76, 83, 107, 117, 119, 134 (e-Laws) · checked Oct 30, 2026
- CAO, Ontario’s Residential Condominium Buyers’ Guide 2025 (8. Governing documents, 3. Leasing) · checked Oct 30, 2026
- CAO, Buying a Condo · checked Oct 30, 2026
- CAO, Pre-construction condos · checked Oct 30, 2026
- CAO, The Tribunal’s Jurisdiction · checked Oct 30, 2026