What Boards and Owners Need to Know
Managing a condominium corporation involves many moving parts, and few decisions are as sensitive—or as impactful—as making changes to the property.
Under the Ontario Condominium Act, certain modifications are categorized as a “substantial change,” triggering a legal process that boards must follow carefully. Understanding what qualifies as a substantial change, and how to navigate it, is essential for both boards and owners.
In this post, we’ll break down what constitutes a substantial change, outline the steps required under the Act, and explain how professional property management — like the services provided by CIE Property Management & Consulting Inc. — can help guide you through the process with confidence.
What is a Substantial Change?
The Ontario Condominium Act, 1998 outlines that a “substantial change” refers to any change to the common elements or assets of the corporation that significantly affects their use, appearance, or enjoyment.
In simpler terms:
If the change impacts how owners or residents use a common space,
Or how a feature looks or feels,
Or their overall enjoyment of the property,
it could qualify as substantial.
Examples of substantial changes may include:
Removing or redesigning a major garden or courtyard.
Installing or removing amenities (e.g., a new playground, pool renovation, gym updates).
Replacing landscaping with hardscaping (e.g., patios, parking expansions).
Major lobby or hallway redesigns that significantly alter the aesthetic or function.
Repurposing common rooms or recreational spaces.
When is a Change NOT Considered Substantial?
Not every alteration counts as substantial.
The Act recognizes that minor updates, repairs, and maintenance activities are part of the regular duties of a condominium corporation.
Examples of non-substantial changes might include:
Repainting hallways in similar colours.
Replacing worn carpets with updated materials.
Installing security cameras for safety (depending on the extent of the impact).
Whether a change is “substantial” often hinges on the scale of the impact — not just the cost. Even a relatively inexpensive project can be substantial if it affects the use or enjoyment of the property.
Legal Requirements When Making a Substantial Change
When a proposed project is deemed a substantial change, the Condominium Act imposes specific requirements before proceeding:
Notice to Owners:
The board must notify owners of the proposed change, providing clear details.
Approval by Vote:
Typically, at least 66 2/3% (two-thirds) of the owners who attend the meeting (in person or by proxy) must approve the change.
Meeting and Discussion:
A formal meeting must be called to discuss the proposed change, allowing owners to ask questions and express concerns.
Documentation:
All communications, meeting minutes, and voting records should be properly documented to comply with legal obligations.
Failing to follow the appropriate process could expose the corporation to legal challenges, disputes, or financial liability.
The Role of the Property Manager
A knowledgeable property manager plays a critical role when navigating a substantial change.
The manager acts as a liaison, advisor, and facilitator between the board, owners, and legal counsel.
At CIE Property Management & Consulting Inc., our experienced team assists condominium boards by:
Evaluating whether a proposed project qualifies as a substantial change.
Guiding boards through the legal process, ensuring full compliance with the Condominium Act.
Organizing and managing owner meetings and communications.
Coordinating with vendors, legal professionals, and consultants to ensure projects move forward smoothly.
Advising on owner engagement strategies to minimize friction and build consensus.
How CIE Helps Boards Navigate Substantial Changes
Managing a substantial change isn’t just about legal compliance — it’s about building trust and protecting the long-term value of the property.
At CIE, we take a proactive approach by:
Assessing projects early: We help boards recognize substantial changes before mistakes are made.
Providing tailored guidance: Every building and community is unique; our advice is customized.
Communicating transparently: We help craft clear, accessible notices and presentations for owners.
Maintaining momentum: Even with necessary votes and meetings, we ensure your project keeps moving without unnecessary delays.
With CIE’s support, boards can move confidently through the substantial change process — safeguarding the community’s best interests while staying firmly within the bounds of the law.
Conclusion
Understanding what constitutes a substantial change under the Ontario Condominium Act is vital for every board and owner.
The right decisions, made the right way, strengthen the community and protect the corporation from risk.
If your condominium corporation is considering a major project or if you’re unsure whether a proposed change qualifies as substantial, CIE Property Management & Consulting Inc. is here to help.
📞 Contact us today to learn how we can support your board in making well-informed, legally compliant decisions that serve your community for years to come.
