By-Laws
By-Laws
- Methods of voting,
- How common expense fees are collected,
- Allowing the condo corporation to borrow money,
- A description of what a standard unit consists of for the purposes of repair and insurance responsibilities, and
- 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.
- 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.
Under section 17 (3) of the Condo Act, condominium corporations are required to take all reasonable steps to ensure that everyone complies with the Condo Act and the condominium corporation’s governing documents.
For more information on how condo corporations can enforce the governing documents, click here to access the Declaration, By-Laws, and Rules webpage.
For more information on the most common types of condo disputes, including how to resolve certain types of compliance issues, click here to access CAO’s Guided Steps to Common Issues webpage.