What declaration must contain
3. (1) A declaration shall not be registered unless it is executed by the owner or owners of the land and interests appurtenant to the land described in the description and unless it contains, (a) a statement of intention that the land and interests appurtenant to the land described in the description be governed by this Act; (b) the consent, in the prescribed form, of every person having a registered mortgage against the land or interests appurtenant to the land described in the description; (c) a statement, expressed in percentages, of the proportions of the common interests; (d) a statement, expressed in percentages allocated to the units, of the proportions in which the owners are to contribute to the common expenses; (e) an address for service and a mailing address for the corporation; and (f) a specification of any parts of the common elements that are to be used by the owners of one or more designated units and not by all the owners. Where consent not to be withheld (2) The consent mentioned in clause (1) (b) shall not be withheld by reason only of the failure of the proposed declarant to enter into a specified number of agreements of purchase and sale for the sale of proposed units. What declaration may contain (3) In addition to the matters mentioned in subsection (1), and in any other section in this Act, a declaration may contain, (a) a specification of common expenses; (b) provisions respecting the occupation and use of the units and common elements; (c) provisions restricting gifts, leases and sales of the units and common interests; (d) a specification of duties of the corporation consistent with its objects; and (e) a specification of any allocation of the obligations to repair and to maintain the units and common elements. Amendment of declaration (4) Subject to subsection (5), the declaration may be amended only with the consent of all owners and all persons having registered mortgages against the units and common interests. Inconsistent provisions (5) Where any provision in a declaration or by-law is inconsistent with the provisions of this Act, the provisions of this Act shall prevail and the declaration or by-law is deemed to be amended accordingly. Registration (6) When a declaration is amended, the corporation shall register a copy of the amendment executed by all the owners and all persons having registered mortgages against the units and common interests, and until the copy is registered the amendment is ineffective. Change of address for service (7) Despite subsections (4) and (6), the corporation may by resolution of the board change its address for service and its mailing address and the change does not take effect until a notice thereof in the prescribed form is registered. Amendment by judge (8) The corporation, on at least seven days notice to every owner and mortgagee, or an owner, on at least seven days notice to the corporation and every other owner and mortgagee, may apply to a judge of the Ontario Court (General Division) for an order amending the declaration or description and the judge, if he or she is satisfied that an amendment is necessary or desirable to correct an error or inconsistency in the declaration or description or arising out of the carrying out of the intent and purpose of the declaration or description, may make the order. Registration (9) An amendment to a declaration or description made by an order under subsection (8) is ineffective until a certified copy of the order is registered. R.S.O. 1990, c. C.26, s. 3.