By-laws can be thought of as the administrative guidelines for condominium corporations. They cover a wide range of matters but generally focus on property governance and how the condo board carries out its duties. By-laws are required to be reasonable and consistent with the Condominium Act and the corporation’s declaration.
The Condo Act outlines topics by-laws can address. Examples include:
- Who can be on your condo board
- Terms of office and removal of condo board members
- How to vote at owners’ meetings
- Common expenses fees and how they are collected from owners
- Definitions of a standard unit for repair and insurance purposes.
Owners can request a copy of their corporation by-laws from their condo corporation. To learn more about requesting records from a condo corporation, check out our page on requesting records and part 4 of the CAO’s Best Practices Guide: Governance to learn more about by-laws.
Boards can pass, change or repeal by-laws but owners must approve these changes. Here’s the process:
- Boards agree to pass, change or repeal by-laws by resolution at a condo board meeting
- Boards call a meeting of owners about proposed changes. The notice calling the meeting must include information about the proposed changes.
- Seek board approval at the meeting through a vote on the by-law by owners.
- Register changes with the Land Registry Office once approved by the owners
Most by-laws require approval from the owners representing a majority of the units in the corporation to become binding.
All members of condo communities must comply with the Condo Act and governing documents.
Boards can follow these steps to resolve any issues:
- Notify residents who are not complying to make them aware of the issue and follow up as required.
- If necessary, send a letter from legal counsel
- File the issue with the Condo Authority Tribunal if it is within the CAT’s jurisdiction.
- File for mediation, arbitration or the Superior Court if it not within the CAT’s jurisdiction.
For more information on the most common types of condo disputes, read about Solving Common Issues