DECLARATION

A condominium corporation's Declaration is the document that is officially registered in the Land Registry Office (LRO) when the developer transfers a building to the owners and a condominium corporation is created. It has been described as the "constitution" of the corporation and establishes basic matters such as where the building is located, the boundaries of the individual units and the common areas, how expenses are apportioned and gives details on matters like the insurance the Corporation must maintain, the composition of the Board and how the corporation's by-laws and rules are made and changed. Under the Condominium Act it is extremely difficult to make changes to the Declaration as changes require, depending on the subject,  the written consent of either 80% or 90% of the owners. 

Our Declaration had existed, unamended, since 1982 but, in early 2021, the Board started the process of amending it, primarily to change the responsibility for repairing and replacing Unit windows. The original assignation of responsibility - where the repair and replacement of Unit windows (which are a common element) was an Owner responsibility - worked acceptably if only window glass was being replaced; it would have been extremely complex and expensive when the time came to replace window frames. At the same time, on the advice of the Corporation's solicitors, the Board approved several other amendments to correct some typos, clarify some Articles, remove obsolete Articles and bring our Declaration up to current standards. 

There was considerable communication with Owners in late summer and fall 2021 to explain the proposed amendments and after an informal Owner meeting and the requisite official Special Owner Meeting, over 95% of Owners consented to the amendment (50 of 52 Unit Owners); it was registered at the LRO  as Schedule 2 of the original document in February 2022.

It should be noted that the amended Declaration assigns responsibility for the repair and replacement of both glass and frames to the Corporation, only after the Board decides that window frames must be replaced. In the 2020 Reserve Fund Study this is estimated to be in 2027-2028. Until then, Owners remain responsible for window repair and replacement.

There are TWO versions of the Declaration available for consultation and downloading, at the bottom of this page. 

• The first is a scan of the original registered document with the new registered Schedules 1 and 2 attached to it. 

• The second is a 'working version' prepared by scanning the original Declaration and incorporating the amendments laid down in Schedule 2 into it. This is easier to use but for legal questions the scan of the copy at the LRO should be relied upon.

This second version is easier to read and search but, though care has been taken to ensure its accuracy, in all cases of discrepancy, the original registered documents are paramount.

Copies of the SURVEY PLANS noted below (which are registered with this Declaration at the Land Registry Office )

can be found on the Scanned Building Plans page of this website.

S0 Site Survey

S1 Ground Floor

S2 2nd Floor

S3 3rd, 4th, 5th, 7th, 8th, 9th  and 10th Floors

S4 6th Floor

S5 Parking level A  (B1)

S6 Parking level B (B2)

S7 Common Elements 3rd Floor

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 Photograph taken from Frederick Street looking west along Front Street.  

Photograph taken in 1895, the road in the foreground is George Street, the Royal Hotel was at NW corner of Front and George. Note the 'canopy" that spanned Front Street from the north to the south St Lawrence Market buildings (removed in 1954).
It appears that this photo was taken from the top of the J.J. Taylor Safe Works building, now 145 Front Street East, immediately east of the New Town of York.