When Two Condo Authorities Give You Different Answers — Which One Wins?
Condominium governance in Ontario involves multiple layers of authority: the Condominium Act, the corporation's declaration, by-laws, and rules. When these sources appear to conflict, boards and owners sometimes receive different answers depending on who they ask.
Here is how to think through it.
The Hierarchy of Authority
Ontario condo law operates in a clear hierarchy:
- The Condominium Act, 1998 — provincial legislation that governs all condominium corporations in Ontario. Nothing in a corporation's documents can override it.
- The Declaration — the founding document of the corporation, registered on title. It can be more restrictive than the Act but cannot contradict it.
- By-laws — passed by the board and confirmed by owners. They govern the corporation's internal operations and must be consistent with both the Act and the Declaration.
- Rules — passed by the board. They govern the use of units and common elements and must be consistent with all of the above.
When two sources conflict, the higher authority wins.
Common Scenarios
The Act says one thing; your by-laws say another. The Act prevails. By-laws that contradict the Act are unenforceable to the extent of the conflict.
Your declaration restricts something your rules permit. The declaration prevails. Rules cannot expand what the declaration prohibits.
Your manager says one thing; your lawyer says another. Neither is automatically right — it depends on the question. Legal interpretation of the Act or your documents is a legal question. Operational judgment about how to handle a situation is a management question. Know which kind of question you're asking.
CMRAO guidance conflicts with advice from your lawyer. The CMRAO regulates managers, not the legal interpretation of condo documents. Your lawyer's advice on a legal question takes precedence over a manager's understanding of it.
When to Get a Legal Opinion
Not every conflict requires a lawyer. But some do:
- When the Act and your declaration appear to conflict on a significant matter
- When enforcement of a rule is being challenged
- When a decision could expose the corporation to liability
- When owners are disputing the board's authority to act
A good management provider will tell you when a question has moved beyond their scope and a legal opinion is warranted. That's not a failure — it's professional judgment.
The Practical Answer
When you receive conflicting guidance, ask: what is the source of each answer, and where does that source sit in the hierarchy?
If a manager and a lawyer disagree on a legal question, the lawyer's opinion carries more weight. If a rule and a by-law conflict, the by-law governs. If anything conflicts with the Act, the Act wins.
When in doubt, document your reasoning, seek qualified advice, and act in the best interests of the corporation.