Does a Condo Board Need Owner Approval for Lobby Screens?

Adding digital screens to a lobby, hallway or elevator landing is a change to the common elements. In Ontario, that brings section 97 of the Condominium Act, 1998 into play. The short answer to "do owners have to approve this?" is: it depends on the cost of the project relative to your corporation's budget, and on what your declaration says.

This article is general information, not legal advice. Your property manager and the corporation's lawyer should confirm how the Act and your declaration apply to your building before the board acts.

Repairs vs. additions

Section 97 distinguishes between repairing or maintaining the common elements and making an addition, alteration or improvement. Replacing a broken corkboard is maintenance. Opening walls to install screens, running new circuits and adding network equipment is an addition or improvement, so the section 97 rules for changes apply.

The three tiers

Broadly, section 97 sorts changes into three groups.

1. Changes the board can make without notice

Smaller changes, below a cost threshold set by the Act and regulations, that the board believes won't have a material adverse effect on owners, can generally be approved by the board on its own.

2. Changes that require notice to owners

Above that threshold, the board must send owners a notice describing the proposed change, its estimated cost and how it will be paid for. Owners then have a window in which they can requisition a meeting. If enough owners requisition a meeting and then vote against the change at it, the change doesn't proceed.

Many digital signage projects land in this tier: large enough to need a notice, not large enough to be "substantial."

3. Substantial changes that require an owner vote

A change is generally treated as substantial when its cost exceeds 10% of the annual budgeted common expenses for the current fiscal year, or when the declaration says so. Substantial changes need approval from owners at a meeting before the board can proceed.

What determines your tier

• The total cost, including electrical, wall work and finishing, not just the screens.
• Your annual budgeted common expenses, because the thresholds are measured against the budget.
• Your declaration, which can set its own definitions or requirements.
• How it's funded. Whether money comes from the operating budget, the reserve fund or another source affects what the notice must say and may raise its own questions. See reserve fund vs operating budget for condo screens.

Phasing a project

Some boards ask whether they can install a few screens now and more later. Phasing can make sense for budgeting and for testing what works, but dividing one project into smaller pieces purely to avoid notice or a vote isn't a good idea, and your lawyer will tell you the same. Plan the full scope, then decide how to approve and fund it honestly.

What a contractor should give you

Whichever tier applies, the board needs accurate information. A proper proposal includes:

• A clear description of the work and locations
• An itemized, fixed price
• Expected schedule and disruption
• Ongoing costs after installation
• Who owns and maintains the equipment

That is exactly what a section 97 notice needs to describe, so ask for it in writing. For help structuring the board presentation, see how to present a digital signage proposal to your condo board.

Useful resources

The Condominium Authority of Ontario (CAO) publishes plain-language guidance on changes to common elements and owner meetings. It's worth reading alongside your lawyer's advice.