Termination of Condominium Status

The approval of a condominium plan and issuance of titles are required to create a condominium. But occasionally, there may be good reason to terminate the condominium status of the buildings or lands involved. This is permitted by Part VIII of The Condominium Property Act, 1993 (“the Act”).

There are two ways to terminate condominium status – by an unanimous resolution by all those persons entitled to vote pursuant to the Act or the bylaws that govern the corporation (section 83), or by a court order (section 84). An application to court to terminate the condominium status of a building or land may be made by the condominium corporation, an owner of a unit, or a holder of a registered mortgage on a unit.

When the condominium corporation is dissolved, the owners of the units are entitled to the parcel as tenants in common, in shares proportionate to the unit factors of their units. Common property is divided among owners based on their varying unit factors. A number of steps must be taken, however, before title may be issued:

  • Notice must be given as specified in the Act that the condominium status is terminated;
  • The parcel must be “transformed”, so that a new parcel number is issued.
  • Generally speaking, a new plan will need to be created and submitted to plan processing for approval before titles are issued. 
  • The transform is approved; and
  • An application is made to the Land Registry for title(s) to the newly approved parcel.

While condominium status is being terminated, the corporation may also, by unanimous resolution, decide to transfer the whole of the parcel or any part of the parcel (sections 88, 88.1, and 89). The latter process may require a new plan.

In most cases, preparing Land Registry packets for Terminating Condominium Status can be submitted more quickly and efficiently though Online Submission (OLS). Check out the links below for more information on submitting your packet using OLS. If your packet contains more than 100 applications, please contact 1-866-275-4721 before using Online Submission.

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