RTA · Condominium Property Regulation
Part 8 — Amendment of Condominium Plans
71 Amendments by corporations
condominium plan to amend that condominium plan if the
following requirements have been complied with:
(a) a special resolution of the corporation has been passed an d
is in force approving the amendment;
(b) in the case of an amendment that relates to
(i) any alteration of the boundaries of the parcel, the
amendment is endorsed with or accompanied by a
certificate of a land surveyor stating
Section 71 AR 168/2000
(A) that the altered boundaries have been
established or re-established in accordance with
the Surveys Act, and
(B) that there are not any projections from other
property infringing on the altered boundaries or,
if there are projections from other property
infringing on the altered boundaries, an
appropriate easement exists in respect of the
parcel for those projections,
o r
(ii) a change to the location of a building or a portion of
a building as shown on the condominium plan, the
amendment is endorsed with or accompanied by a
certificate of a land surveyor stating that the building
or a portion of the building as shown on the
condominium plan as amended is within the external
boundaries of the parcel that is the subject of the
condominium plan and, if any projections project
beyond those external boundaries, that an appropriate
easement has been granted as an appurtenance to the
parcel;
(c) in the case of an amendment that relates to a change in the
units, the amendment is endorsed with or accompanied by
a certificate of an architect, engineer or land surveyor
stating that the change to the units as provided for in the
amendment has in fact taken place or will become
effective on the registration of the amendment;
(d) in the case of an amendment that relates to a change in the
common property, the amendment is endorsed with or
accompanied by a certificate of an architect, engineer or
land surveyor stating that the change to the common
property as provided for in the amendment has in fact
taken place or will become effective on the registration of
the amendment;
(e) in the case of an amendment that relates to a matter that
needs the approval of the municipal authority, the
amendment is endorsed with or accompanied by a
certificate of the municipal authority or of a person
designated by the municipal authority stating that the
approval has been given by the municipal authority;
(f) the Court has by an order made under subsection (5)
approved the amendment;
Section 73 AR 168/2000
(g) that any conditions imposed by the Court under
subsection (5) have been complied with.
(2) For the purpose of amending a condominium plan under this
section, the corporation may apply to the Court for an order
approving the amendment to the condominium plan.
(3) Where the corporation applies for an order approving an
amendment, the corporation must, unless otherwise directed by the
Court, give notice of the application to the owners and to each
holder of a registered encumbrance.
(4) Where the Court is of the opinion that the nature of the
amendment to the condominium plan is such that a certificate
required under subsection (1) is not necessary, the Court may
waive that requirement.
(5) On an application under subsection (2), the Court may, if it is
satisfied that the interests of the persons to whom notice of the
application is given will not be unfairly prejudiced, make an order
(a) approving the amendment to the condominium plan;
(b) imposing any conditions in respect of the order that the
Court considers appropriate in the circumstances;
(c) awarding costs in res pect of the application.
(6) On presentation of the order of the Court made under
subsection (5), the Registrar is to amend the condominium plan in
accordance with the order.
72 Repealed AR 23/2026 s28.