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By-Laws

By-laws are used to describe and define how a condominium corporation governs itself. By-laws can cover a wide range of matters but mostly focus on the governance of the property and the methods that the board of directors (the “condo board”) will use to carry out their duties. By-laws are required to be reasonable and consistent with both the Condominium Act, 1998 (the “Condo Act”), and the condo corporation’s declaration.

By-Laws

The Condo Act outlines the wide range of matters that by-laws can address. Common examples may include:

  1. Methods of voting,
  2. How common expense fees are collected,
  3. Allowing the condo corporation to borrow money,
  4. A description of what a standard unit consists of for the purposes of repair and insurance responsibilities, and
  5. The management of the condo corporation property.

A full list of the types of matters that can be addressed through a by-law can be found in section 56 of the Condo Act and section 14 (0.1) of Ontario Regulation 48/01.

If an owner does not have a copy of their by-laws, they can request them from their condo corporation using the Request for Records form.

By-laws are passed, amended, or repealed by the condo board but require approval from the owners. The process is as follows:

  • A new, proposed change, or repeal of a by-law will be adopted by the condo board at a board meeting.
  • The condo board will then submit the new by-law to approval of the owners by calling a meeting of owners. In the Notice of Meeting they will include information on the by-law.
  • At the meeting of owners, the proposed by-law will be put to a vote. Depending on the by-law, either the consent from the owners of the majority of the units in the condo corporation or the majority of owners present at the meeting is required for approval.
  • A copy of the by-law must then be registered with the Land Registry Office to become enforceable.

Most by-laws require approval from the owners of a majority of the units in the condo corporation to be adopted and enforceable. However, a few specified by-laws only require approval from a majority of the owners present or represented by proxy at the meeting.

These specified by-laws include:

  • A by-law which governs the use of telephonic or electronic voting at meetings of owners;
  • A by-law which specifies which additional records that will be maintained by the corporation and their retention times; and
  • The types of by-laws specified under section 14 (0.1) of Ontario Regulation 48/01.