TSCC 1768 & TSCC 1782
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Understanding the rules
Condo governing-document hierarchy
Ontario condominium requirements generally follow this order. A lower-level document cannot contradict one above it.
- Ontario lawThe Condominium Act, 1998 and its regulations apply across Ontario. Other applicable legislation may also govern a particular issue.
- DeclarationThe corporation’s foundational registered document, often described as its constitution.
- By-lawsGovern how the corporation is operated and administered.
- RulesRegulate use of units and common elements to promote safety and prevent unreasonable interference.
Policies and procedures explain administration or enforcement, but are not governing documents and cannot override the Act, declaration, by-laws, or rules.
This hierarchy is general information, not legal advice. The correct result can depend on the issue, the wording of the documents, and other applicable law.
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Answers are generated only from material made available to both owners and residents. They may contain errors and do not replace the governing documents or advice from management.
Owner-only records and full documents are not available here. Owners and residents can sign in to the Condo Control Library. Questions and feedback are retained for 90 days to improve this service.