Ontario Condo Law: Owners, Boards & the CAT Explained

What You Actually Own in a Condo

When you buy a condo unit, you own:

• Your unit — typically the space within the walls, floor, and ceiling of your suite
• An undivided interest in the common elements — lobbies, hallways, amenities, roof, parking (common elements), and exclusive-use common elements (your balcony, parking spot)

The condominium corporation — a non-profit entity run by a Board of Directors — manages the common elements and enforces the governing documents.

The Governing Documents (Hierarchy)

Status Certificates: What Buyers Must Review

Before closing on a resale condo, your lawyer will request a Status Certificate($100 fee; the corporation has 10 days to provide it). It contains critical information:

• Current and projected common expenses (maintenance fees)
• Reserve fund balance and most recent reserve fund study
• Any pending or threatened litigation against the corporation
• Any outstanding special assessments
• Whether the unit's common expenses are in arrears
• A copy of the Declaration, By-laws, and Rules

If you waive the status certificate review, you are bound by its contents regardless.Always have a lawyer review it before waiving your condition.

Special Assessments: What They Are & How to Challenge Them

A special assessment is a one-time charge levied by the board when the reserve fund is inadequate for a major repair (e.g., garage membrane, elevator, roof). Key points:

• The board can impose a special assessment without an owner vote in most cases
• You are legally obligated to pay it — failure to pay can result in a lien on your unit
• You can requisition an owners' meeting (15% of owners can demand a meeting) to question management decisions
• If you believe the board acted improperly (lack of notice, improper procurement), consult a legal professional about your options

The Condominium Authority Tribunal (CAT)

The CAT is an online tribunal that handles disputes between owners, occupants, and condo corporations. It covers:

• Noise, odour, light, vibration, and nuisance disputes (as of 2021)
• Pet and animal disputes
• Parking and storage disputes
• Access to records (the board must provide owners with certain documents on request)
• Compliance with governing documents

CAT applications are filed at condoauthorityontario.ca. The process has three stages: negotiation → mediation → adjudication. Most disputes resolve in stages 1 or 2. Filing fees start at $25.

When to Get Legal Help

Consider legal representation when:

• The board is refusing access to records you are entitled to
• You received a lien for unpaid common expenses you dispute
• You are the subject of a compliance order or threatened with fines
• You are buying a condo and the status certificate reveals concerns
• A special assessment is being levied and you believe governance was improper