A condominium declaration contains a restriction prohibiting pets. A unit owner argues this restriction is invalid because it wasn't included in the original purchase agreement. What is the likely outcome?
Correct Answer
A) The restriction is valid as it's properly included in the registered declaration
Condominium declarations are registered documents that run with the land and bind all current and future owners regardless of when they purchased or whether they were specifically informed. The declaration creates the legal framework for the condominium and its restrictions are enforceable against all unit owners.
Why This Is the Correct Answer
Option A is correct because condominium declarations are registered documents that create covenants running with the land. Under provincial condominium legislation, restrictions properly included in a registered declaration are binding on all unit owners, regardless of when they purchased or whether they had specific knowledge of the restriction. The declaration forms part of the legal title and governance structure, making its provisions enforceable against all current and future owners without requiring individual consent or disclosure.
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An Ontario condominium declaration states that Unit 15 has a 3.2% common interest. Under the Condominium Act, 1998, what does this percentage represent?