Why Boards Must Notify Owners Before Making Changes to Common Elements
When a condominium board wants to make changes to the common elements, the law is crystal clear: owners must be notified.
This isn’t a courtesy.
It’s a statutory obligation under Section 97 of the Condominium Act, 1998.
And depending on the type of change, owner approval may also be required.
📘 What Is Section 97?
Section 97 of the Condominium Act, 1998 governs “Changes to Common Elements and Assets of the Corporation.” It outlines the process a board must follow when making:
- Additions (e.g. adding a new door, bench, structure)
- Alterations (e.g. replacing brick with siding)
- Improvements (e.g. upgraded flooring, lighting, mechanical equipment)
The section also specifies whether the change needs just notice, or a vote of owners.
🔍 The Three Categories of Change under Section 97
1. Required by Law or to Ensure Safety
If the change is required by law or necessary for safety, no vote is needed – but the board must still give owners advance notice in writing.
2. Not Required by Law – Cost Below 10% of Budget
If the change is not required by law and the cost is less than 10% of the annual budget, the board must:
- Give at least 30 days’ written notice to all owners
- Include:
- A description of the change
- Reasons for the change
- Estimated cost
- Statement that owners may requisition a meeting under Section 46
If no meeting is requisitioned, the board can proceed.
3. Not Required by Law – Cost Exceeds 10% of Budget
If the change exceeds 10% of the annual budget, then:
- A vote of owners is required
- The change must be approved by owners of at least 66 2/3% of units
📫 What a Compliant Notice Looks Like
Under Ontario Regulation 48/01, a proper notice must include:
- A clear description of the proposed change
- Why it is being made (required by law? improvement? aesthetic?)
- Estimated cost
- Information about owners’ right to requisition a meeting
The notice must be delivered at least 30 days before proceeding.
🚩 Red Flags: When Boards Fail to Comply
Violations of Section 97 may look like:
- Changes initiated without prior notice
- No mention of cost, reason, or legal justification
- No disclosure of the owner’s right to call a meeting
- Framing changes as “repairs” to avoid the notice requirement
- Proceeding with large projects that exceed budget thresholds without a vote
These actions may be grounds for legal challenge, or even an application under Section 135 of the Act (oppression remedy).
🧾 Why It Matters
Condominium ownership includes a shared interest in the common elements. When boards make major changes:
- It affects property value
- It impacts maintenance fees
- It can alter the function or enjoyment of the building
That’s why the law gives owners a say – or at the very least, the right to be informed in advance.
Boards that ignore these obligations undermine transparency, accountability, and owner trust.
📌 Bottom Line
Section 97 is designed to protect owners by ensuring that decisions about shared property are:
- Transparent
- Justified
- Subject to oversight
If your board made significant alterations without written notice or proper disclosure, they may be in breach of their duties.
👉 If you believe your rights have been violated, contact us confidentially through the Condo Leak Tipline at www.CondoTribune.com/tipline – your story matters, and you’re not alone.
📝 While we are not lawyers, we’ve spent years learning the Condominium Act, tribunal process, and case law – and we’re here to help point you in the right direction.
Disclaimer: This post is for general information purposes only and does not constitute legal advice. For legal guidance specific to your situation, please consult a qualified lawyer.
