Legal Obligations for Notifying Owners of Bylaw Changes
Requirement to Notify Owners
The Condominium Property Act (CPA) and Condominium Property Regulation set out the procedures for amending bylaws. Once a bylaw amendment is approved by a special resolution (requiring approval from at least 75% of unit owners and 75% of unit factors), it is best practice for the condominium corporation to notify all owners of the change.
Ensuring Transparency and Compliance in Rule Enforcement
Transparency is key to maintaining trust between the board, management, and unit owners. All enforcement of new rules must:
Be applied fairly to all owners.
Be clearly documented in meeting minutes and notices.
Follow legal due process as outlined in the CPA including providing at least 30 days' notice of a change to the rules.
Methods of Notification
Condominium corporations must provide clear, documented communication of bylaw and rule changes. Acceptable methods include:
Written Notices – Delivered in person or by mail to unit owners.
Email Notifications – If permitted by the bylaws, owners may be notified electronically.
Condominium Newsletters – Updates on rule changes can be included in community bulletins.
Meetings – A general meeting or information session can help clarify amendments and answer owner questions.
Online Portals – Posting changes to a secure condominium management platform ensures accessibility.
Best Practices for Notifying Owners of Bylaw and Rule Changes
Effective communication ensures that owners understand new bylaws or rules, why they were implemented, and how they will be enforced.
Key Strategies
Use Simple, Clear Language
Avoid complex legal terms; explain changes in plain language.
Highlight key points of the amendment and how they impact owners.
Provide a Summary and Full Text
Offer a summary of the change for quick reference.
Include the full amended bylaw text for transparency.
Explain the Rationale for the Change
Describe why the bylaw or rule change was necessary.
Address common concerns owners may have.
Allow for Owner Feedback
Provide a contact email or phone number for owner inquiries.
Offer an information session to discuss concerns.
Ensure Compliance with the CPA
Confirm that all notification methods align with legislative requirements.
Document the date and method of notification for record-keeping.
Handling Owner Concerns and Questions
Common Concerns from Owners
Owners may have questions or objections about bylaw and rule changes. Common concerns include:
Why was this change made?
How does this affect my property rights?
Did I have a say in this decision?
How will this new rule be enforced?
Strategies for Addressing Concerns
Provide a Clear Explanation – Outline the legal and operational reasons for the change.
Refer to the CPA – Show that the change aligns with Alberta’s condominium legislation.
Use a Consistent Enforcement Policy – Ensure fair and consistent application of the new rules.
Offer Written FAQs – Address common questions in a document shared with all owners.
Practical Application
Scenario: Notifying Owners of a New Visitor Parking Rule
A condominium board amends its rules to introduce a new visitor parking policy. As the condominium manager, you must:
Draft a written notice summarizing the change and its enforcement date.
Send the notice by mail and email to all unit owners at least 30 days before the change comes into effect.
Hold an information session to answer owner questions.
Post the new rule on the condominium’s website for future reference.
Sample Notice Template: Bylaw Change Notification
Subject: Important Notice – Amendment to Condominium Bylaws
Date: [Insert Date]
To: All Unit Owners
From: [Condominium Corporation Name]
Re: New Bylaw Amendment – [Brief Description of Change]
Dear Unit Owners,
The Ownership has approved an amendment to our condominium bylaws. This change was approved by unit owners through a special resolution and is now in effect.
Reason for the Change
[Provide a short explanation of why the amendment was necessary, referencing compliance, safety, or operational efficiency.]
What This Means for Owners
[Clearly explain how the change affects owners and their responsibilities.]
A full copy of the amended bylaw is attached to this notice. If you have any questions, please contact [Name, Email, Phone Number].
Sincerely,
[Board of Directors / Condominium Manager]
