Who is responsible for creating the condominium declaration?

The condominium declaration is a foundational document that outlines the governing rules and structure of a condominium corporation. It is the responsibility of the declarant, who is typically the developer or original owner of the property, to create this document. The declaration contains important information regarding the use of the condominium units, the common elements, and the allocation of responsibilities and expenses among the unit owners.

The declarant is tasked with defining the terms under which the condominium operates, including details such as the boundaries of individual units, the percentage of ownership interests, and the rights and obligations of residents. This document serves as the legal framework for the condominium community and must comply with relevant legislation, such as the Condominium Act in Ontario.

In contrast, the condominium association, property manager, and board of directors all play roles in managing and operating the condominium after it has been established, but they do not have the authority to create the declaration itself. Their functions typically revolve around enforcing the rules, maintaining the property, and handling the day-to-day operations, which are governed by the parameters set forth in the declaration created by the declarant.