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Ontario · Condominium Act, 1998

What vote do we actually need?

Four different decisions, four different thresholds, and one of them is not a percentage of the units at all. The number that catches boards out is not the famous 66 2/3 per cent. It is the narrow list of by-laws that need only a majority of the owners who turned up.

The s. 14(2) list is short and specific: by-laws described in s. 45(7), s. 47(6), s. 52(1.1.1), paragraph 12 of s. 55(1) or paragraph 3 of s. 55(2) of the Act, or s. 14(0.1) of the regulation. If the by-law is not one of those, leave this on the first option.

The vote you need

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✓ Verified October 6, 2026 · Condominium Act, 1998, ss. 56, 58, 97 and 107

Sources checked automatically every Monday. Last check October 5, 2026, no change found. See the record

What else has to happen

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    The four thresholds, side by side

    Ontario does not have one condominium voting threshold. It has a different answer for each kind of decision, and the sections sit a long way apart in the Act.

    DecisionThresholdSection
    By-law, generalMajority of all unitss. 56(10)
    By-law on the prescribed listMajority present or by proxyO. Reg. 48/01 s. 14(2)
    RuleNo owner vote to make its. 58(6), (7)
    Common element change, substantial66 2/3% of all unitss. 97(4), (5)
    Common element change, not substantialNotice, then 30 dayss. 97(3)
    Declaration, listed matter90% written consents. 107(2)(d)
    Declaration, anything else80% written consents. 107(2)(e)

    The carve-out most boards have never read

    Section 56(10) of the Condominium Act, 1998 is the sentence everyone quotes, and the clause in the middle of it is the one everyone drops:

    “… the owners of a majority of the units in the corporation, or such other number of owners that is prescribed, vote in favour of confirming it…”

    That prescription exists. O. Reg. 48/01 s. 14(2) sets the other number at a majority of the owners present or represented by proxy at the meeting, and it applies to by-laws described in s. 45(7), s. 47(6), s. 52(1.1.1), paragraph 12 of s. 55(1) or paragraph 3 of s. 55(2) of the Act, or s. 14(0.1) of the regulation.

    The difference is not academic. In a 200-unit corporation the general rule needs 101 owners to vote in favour, however many turn up. The prescribed rule needs a majority of the room. A board that applies the wrong one either fails a by-law it actually passed, or registers one it did not.

    Rules are not voted on at all

    A rule under s. 58 needs no owner vote to come into force. The board makes it, gives notice to the owners, and s. 58(6) and (7) do the rest: the rule takes effect 30 days after that notice unless owners requisition a meeting under s. 46 within those 30 days, in which case it is decided at the meeting instead.

    Section 58(8) adds the trap. A rule that substantially repeats one the owners amended or repealed in the preceding two years cannot simply be made again; it needs owner approval first. Re-issuing a rejected rule with new wording is the failure mode that section exists to catch.

    Why the substantial test is calculable at all

    Section 97(6) defines a substantial change by cost. The estimated total must exceed:

    “… the lesser of, (i) 10 per cent of the annual budgeted common expenses for the current fiscal year, and (ii) the prescribed amount, if any…”

    A lesser-of test with an unknown second limb would not be computable. It is computable here for one reason: there is no prescribed amount. The phrase does not appear anywhere in O. Reg. 48/01. The test collapses to the 10 per cent figure alone, which is why this tool can give a straight answer from a budget and an estimate.

    The board may also elect under s. 97(6)(b) to treat a change as substantial regardless of cost, which is sometimes the cheaper path when the alternative is arguing about the estimate.

    Declaration amendments are consents, not a show of hands

    Section 107 does not work by a vote at a meeting. It works by written consents from the owners of units at the time the board approved the amendment: 90 per cent where the amendment changes a matter described in s. 7(2)(c), (d) or (f) or s. 7(4)(e), and 80 per cent in every other case. A board resolution, a meeting under s. 107(3) and (4), and notice to mortgagees sit alongside the consents rather than replacing them.

    Do parking and locker units count?
    For a by-law under s. 56(10) and a substantial change under s. 97(4), no, when they are separate units: O. Reg. 48/01 s. 1.1 reads “the units” in those provisions as the units that are not parking, storage or service units under s. 49(3) of the Act. Enter them in the second box and the calculator leaves them out. A declaration amendment under s. 107 is different: s. 1.1 does not list s. 107, so this calculator measures those consents against every unit.
    Is it 66 2/3 per cent of the units, or of the owners who vote?
    Of the units. Section 97(4) requires owners of at least 66 2/3 per cent of the units to vote in favour, at a meeting called for that purpose under s. 97(5). Attendance does not lower it. In a 100-unit corporation that is 67 units, whether 70 owners show up or 100 do.
    Our by-law got a majority of everyone in the room but not of all units. Did it pass?
    Only if it is one of the by-laws on the O. Reg. 48/01 s. 14(2) list. For any other by-law, s. 56(10) needs a majority of all units in the corporation, and a majority of those present is not enough. This is the single most common way an Ontario by-law fails after the fact.
    Does a change to the common elements always need an owners vote?
    No. Section 97(2) allows a board resolution with no notice for a listed set of cases, and s. 97(3) allows a non-substantial change to proceed on notice if no meeting is requisitioned within 30 days. Only a substantial change under s. 97(4) requires the 66 2/3 per cent vote.
    We are installing electric vehicle charging. Does s. 97 apply?
    It may not. O. Reg. 48/01 s. 24.3 exempts a corporation from s. 97 for certain electric vehicle charging system installations, and that exemption has its own procedure and conditions. Read s. 24.3 against your facts before running the substantial-change test, because the answer may be that the test never applies.
    Is this legal advice?
    No. It is general information based on the current consolidation, verified against the sources linked above. Voting thresholds decide whether a by-law, a rule or an amendment is valid, so for anything already passed, or anything contested, talk to a condominium lawyer.