→ of the proposed change. Once all required consents and notices are in place, the Amendment to the Declaration can be registered on title to the units, which is required before it will be effective. A considerable amount of work is required to change the declaration on consent. There are times where, practically speaking, it is impossible to achieve the threshold of unit owners ’ written consent to amend the declaration. In these cases, the condominium corporation can consider pursuing a change to the declaration through an order from the Superior Court of Justice, pursuant to Section 109 of the Act. This requires a lawyer to initiate a court proceeding and make an application to a judge. The corporation must provide evidence to satisfy the judge that the amendment is necessary or desirable to correct an error or inconsistency that appears in the declaration or that arises out of the carrying out of the intent and purpose of the declaration . ■
CCI Review 2021/2022 —March 2022 - 35
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