An Ontario condominium board wants to add a restriction on the use of the common elements, such as party-room hours, without holding an owners' vote to confirm it and without registering anything on title. Which instrument can the board use?
Correct Answer
A) A board rule on common-element use
Section 58(1) lets the board make rules respecting the use of the units and common elements to promote safety or prevent unreasonable interference with their enjoyment. After notice to owners, a rule takes effect once the 30-day requisition period passes without a meeting being requisitioned (s. 58(7)); no confirmation vote or registration is needed. A by-law needs owners of a majority of units to confirm it and must be registered (s. 56(10)).
Why This Is the Correct Answer
Rules under s. 58 are made by the board, cover the use of units and common elements, and take effect after notice unless owners requisition a meeting and vote against them. They need neither a confirming vote nor registration.
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