Address for Service
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Short Answer
The address at which an individual or other entity (i.e., a corporation) may be served with legal documents.
Definition
In law, individuals and other entities, such as corporations, may establish an "address for service" which is the place where legal documents can be served, or delivered, on the individual so that the delivery is considered valid and binding.
An individual or entity might have multiple addresses for service, each defined for different purposes (such as, the place where one wishes to receive notices pertaining to one's business or the place where one wishes to receive notices pertaining to one's family issues). An individual's service address need not be his or her home or workplace.
A condominium corporation must have its address for service set out in its declaration. Section 108 of the Condominium Act, 1998, (the "Act") permits the corporation to amend its address for service from time to time by filing a Notice of Change of Address form on title to each of the units or POTLs. The form must be registered on title in order to be effective. Currently, the Land Registry Office does not charge a filing fee for registration of this notice (however, there might be legal fees involved with preparing and registering the same).
Under the Act as it is currently in force, unit owners may elect to provide the condominium corporation with an address for service pursuant to section 47 of the Act. The owner must do so in writing. If this is not done, then the owner is not entitled to receive notices of meetings (and therefore cannot count toward quorum or vote at such meetings), but this does not prevent the corporation from delivering most notices and other documents required to be delivered or served on an owner by some other means (such as personal delivery to the individual owner). Therefore, the owner is the one primarily affected negatively by the failure to provide an address for service to the condominium corporation. However, in some cases, the failure of an owner to provide such can interfere with the corporation's operations as well, such as with respect to delivery of a notice of lien (which can only be either mailed to the owner's address for service provided pursuant to section 47 of the Act, or served personally on the owner).
Under the Act as it is amended by Bill 106 (which amendments are not yet in force, although Royal Assent for such changes has been received), the corporation's ability to deliver notices will no longer be restricted if an owner fails to provide an address for service; the corporation will in most cases be able to serve notices by delivery to the owner's unit or unit mail box. The corporation also has this flexibility where an address for service is provided by an owner but is not located in Ontario.
Owners, under the amendments, will be required to notify the corporation of their names and unit numbers. Formal notification of an address for service is not required, but failure to at least notify the corporation of his or her name and unit number will cause the owner not to be entitled to vote at meetings.
An individual or entity might have multiple addresses for service, each defined for different purposes (such as, the place where one wishes to receive notices pertaining to one's business or the place where one wishes to receive notices pertaining to one's family issues). An individual's service address need not be his or her home or workplace.
A condominium corporation must have its address for service set out in its declaration. Section 108 of the Condominium Act, 1998, (the "Act") permits the corporation to amend its address for service from time to time by filing a Notice of Change of Address form on title to each of the units or POTLs. The form must be registered on title in order to be effective. Currently, the Land Registry Office does not charge a filing fee for registration of this notice (however, there might be legal fees involved with preparing and registering the same).
Under the Act as it is currently in force, unit owners may elect to provide the condominium corporation with an address for service pursuant to section 47 of the Act. The owner must do so in writing. If this is not done, then the owner is not entitled to receive notices of meetings (and therefore cannot count toward quorum or vote at such meetings), but this does not prevent the corporation from delivering most notices and other documents required to be delivered or served on an owner by some other means (such as personal delivery to the individual owner). Therefore, the owner is the one primarily affected negatively by the failure to provide an address for service to the condominium corporation. However, in some cases, the failure of an owner to provide such can interfere with the corporation's operations as well, such as with respect to delivery of a notice of lien (which can only be either mailed to the owner's address for service provided pursuant to section 47 of the Act, or served personally on the owner).
Under the Act as it is amended by Bill 106 (which amendments are not yet in force, although Royal Assent for such changes has been received), the corporation's ability to deliver notices will no longer be restricted if an owner fails to provide an address for service; the corporation will in most cases be able to serve notices by delivery to the owner's unit or unit mail box. The corporation also has this flexibility where an address for service is provided by an owner but is not located in Ontario.
Owners, under the amendments, will be required to notify the corporation of their names and unit numbers. Formal notification of an address for service is not required, but failure to at least notify the corporation of his or her name and unit number will cause the owner not to be entitled to vote at meetings.
NOTE
A regulation made under the Land Registration Reform Act indicates that every document registered on title to a property through the electronic registration system must contain an address for service for the person or entity (e.g., a corporation) claiming an interest under the document. The address may be the individual's or entity's own address for service or that of his/her/its solicitor. The registration of such a document does not alter the address for service of the individual or entity for the purposes of the Condominium Act, 1998. For example, a by-law registered by a condominium corporation might contain an address for service which is the address of the solicitor for the condominium who has helped to draft and register the document. This does not mean that the solicitor's address becomes the condominium corporation's address for service for all purposes under the Act. The corporation's official address for service remains the one set out in its declaration or in its latest registered Notice of Change of Address.
What you need to know…
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…as a Unit Owner
Each owner ought to ensure the condominium corporation has an accurate, up-to-date record of where he or she prefers to receive notices (of meetings or otherwise) from the corporation. Failing to do so can undermine the owner's ability and entitlement to be informed of meetings or other important matters. An owner's right to vote at meetings of the corporation is also compromised by not requiring the minimum information required under the Act. |
…as a Board Member or Manager
The condominium corporation must maintain a record of those owners who have notified the corporation of their names and addresses for service. When serving any notice - whether a notice of meeting, or a notice of lien, or any other kind of notice - the board and manager should review the relevant provisions of the Act to ensure the notice is being delivered in the proper way and to the proper address. Sometimes, additional requirements for notice will be set out in the corporation's by-laws. The condominium corporation's address for service must be kept up to date at the Land Registry Office. Typically, the address for service may change whenever there is a change in directors (e.g., if the corporation uses the secretary's address as its address for service) or a change in management service provider (in many cases, the management company's office is used as the address for service). |
…as a Declarant
The declarant must ensure there is a proper address for service for the corporation set out in the declaration at the time its it registered. The address might or might not be the declarant's address. If it is, the declarant should ensure the newly elected board of directors at turnover files a notice amending the address for service. |