Condominium Corporation Registration and Governance

The rules for creating, operating and managing a condominium (condo) corporation in Prince Edward Island, including a vacant land condominium, are governed by the Condominium Act and Condominium Act Regulations (condominium legislation). The members of the condo corporation elect a Board of Directors from their membership to manage its affairs in accordance with the corporation’s registered declaration, bylaws and the condominium legislation.

What is required to create a condo corporation in PEI? 

A condo corporation is created once the declaration and description documents submitted to the Registrar of Deeds are registered and recorded in the Condominium Register in accordance with the condominium legislation. The condo corporation must also register an address for service, its bylaws, notices of termination, and any instruments respecting the condo property. 
The condominium legislation specifies the contents of the declaration, which describes the organization and operation of the condo corporation, and the description, which provides the condominium property details. The condominium legislation also sets out the rules for the ongoing administration of the condo corporation, including the structure and duties of its Board of Directors, items covered under bylaws, and legal obligations of the members of the condo corporation (unit owners). 

Can a condo corporation change the way it is governed?

The condo corporation cannot amend its governing documents recorded in the Condominium Register without the consent of its members, the unit owners. Under the  condominium legislation, any change to a declaration or description requires consent from 100 per cent of the unit owners and parties having a registered interest in the condo property. Any change to the bylaws requires a vote of members who own 66 and two thirds percent of the common elements, or a greater percentage if specified in the declaration.  A change of address for service may be made by resolution of the Board of Directors.

Amendments to a condo corporation’s governing documents are considered ineffective until they are registered and recorded in the Condominium Register.

Do I have access to information recorded on the Condominium Register?

All members/unit owners of the condo corporation have access to their registered governing documents. If these documents were not provided to you when you purchased your unit and are not available from your condo corporation Board, you may request access to your condo corporation records through the Provincial Land Registry Office. 

What are my rights and obligations as the owner of a condo unit?

As a condo unit owner, you independently own your private unit and also share ownership of the common elements of the condominium. Depending on the condo property, the common elements may include lobbies, hallways, elevators, outdoor walkways, gardens, driveways and parking areas, elevators, mechanical and electrical systems, recreation facilities and other shared amenities.

When you purchase a condominium unit, in addition to the purchase price, you may be required to pay a fee to contribute to the costs of the upkeep and replacement of the common elements. Condominium fees (assessments) are defined in your condo corporation bylaws.

You are obliged to abide by the general rules and bylaws of the condo corporation, and you have a right to the compliance of these by the other unit owners. You also have the right and responsibility to:

• Participate in the governance process;
• Access information on the management or administration of the condo corporation; and
• Vote on matters presented at general meetings, specifically any proposed changes to common property and bylaws.

Do all condo corporations in PEI have the same rules?

Every condo corporation is governed by the condominium legislation but each has its own rules and bylaws which are recorded in the provincial Condominium Register and managed by the Board of Directors of the condo corporation. A condo corporation may have rules regarding the number of occupants per unit, owners renting out their unit, use of common areas and amenities, pets, noise and parking. A condo corporation may require Board approval to alter a unit, e.g. renovate a kitchen, change exterior fixtures or install a ventilation or air-conditioning unit in a window.

Can I rent or lease my condo unit?

Your condominium bylaws should contain rules related to renting out your unit. If unit rental is permitted, you and your tenant are obliged to abide by the rules of the condominium legislation, your condo corporation and with the Residential Tenancy Act.

Is there a formal process for resolving a dispute among condo unit owners or Board?

If you have a dispute with someone within your condominium community, try to resolve the problem directly with them.  The specific bylaws for your condo corporation may specify steps to be taken to resolve a dispute and therefore should be consulted.

Please note that condominium disputes are a civil matter, the provincial Government does not have a role in compliance or enforcement. If the above noted methods do not resolve your dispute, you are encouraged to contact your legal counsel.

If you feel changes are required to the condominium legislation (the Condominium Act and Condominium Act Regulations) you may contact the Department of Finance by emailing taxandland@gov.pe.ca or calling Taxation and Property Records at 902-368-4070.