Can Your Condo Opt-Out of the Act?

The Condominium Act, 1998 applies despite any agreement to the contrary, which means that a condominium cannot contract out of the Act. However, there are parts of the Act that a condominium can override by making changes to its declaration, by-laws or rules. In some cases, a condominium can opt-out of certain requirements if certain conditions are met. For example, the regulations permit condominiums to opt-out of information certificate requirements if certain conditions are met. Additionally, the Act requires all condominiums to appoint an auditor and have an audit performed every fiscal year, but some condominiums may be able to dispense with the audit requirement each year if owners agree.