The purpose, scope, and restrictions of condominium corporation bylaws as stated in the CPA.
Bylaws govern the operation and management of the condominium corporation.
WHAT YOU'LL LEARN
The Purpose, Scope, and Restrictions
The Processes for Repealing or Replacing Initial Bylaws with Amending Existing Bylaws
Key Differences
Draft a Sample Set of Condo Rules
Purpose of Bylaws
Bylaws govern the operation and management of the condominium corporation. The CPA specifies that bylaws regulate matters such as the use of common property, the corporation’s financial affairs, and the rights and obligations of unit owners and the board.
Scope of Bylaws
Bylaws may include provisions for:
Duties and powers of the board.
Rules regarding the use and enjoyment of common property.
Maintenance obligations for units and common property.
Procedures for bylaw enforcement.
Restrictions of Bylaws
Bylaws cannot contradict:
The Condominium Property Act, other legislation, or municipal bylaws.
Any prohibitions or requirements specifically outlined in the condominium plan.
Activity
Scenario: A condominium corporation introduces a bylaw prohibiting unit owners from installing solar panels, even though a provincial program allows owners to apply for solar incentives.
Question: Does this bylaw comply with the restrictions outlined in the CPA? Why or why not?
Repealing or Replacing Initial Bylaws
The initial bylaws provided in Schedule 4 of the Condominium Property Regulation are the default bylaws that apply when a condominium plan is registered. These bylaws must be repealed entirely or replaced in full because they are statutory in nature and not customizable through individual amendments.
Special Resolution Requirement:
Repealing or replacing initial bylaws requires a special resolution of the condominium corporation.
This means at least 75% of unit owners, who collectively hold at least 7,500 of the 10,000 unit factors, must vote in favor of the resolution.
Filing Requirement:
The new or replacement bylaws must be filed at the Land Titles Office.
The new bylaws do not come into effect until they are officially filed.
Key Consideration:
Because initial bylaws are standard and non-customizable, any desired changes must result in a complete repeal and replacement, rather than selective amendment.
Amending Existing Bylaws
Bylaws that have already been replaced or customized can be selectively amended without repealing the entire set. This process provides more flexibility to condominium corporations.
Special Resolution Requirement:
Amending existing bylaws also requires a special resolution, with the same threshold of 75% approval and 7,500 unit factors.
Compliance and Restrictions:
Amendments must comply with the CPA and other applicable legislation.
Amendments cannot conflict with other bylaws unless explicitly allowed.
Filing Requirement:
Similar to replacement, amendments must also be filed at the Land Titles Office.
Amendments are not enforceable until the filing is complete.
Key Differences
Initial Bylaws:
Must be repealed entirely or replaced in full because they are based on Schedule 4 of the Condominium Property Regulation.
No selective amendments are allowed.
Existing Bylaws:
Can be selectively amended without repealing the entire set.
Allows more targeted and flexible changes.
Draft a sample set of condominium rules for a hypothetical condominium corporation, ensuring they align with legislative requirements and processes for changes under the CPA.
Purpose of Rules:Rules, as opposed to bylaws, address day-to-day operational or behavioral guidelines. Rules must:
Govern the use, safety, and cleanliness of common property.
Promote the welfare and convenience of residents.
Scope and Process for Creating Rules:
Rules cannot contradict the CPA or existing bylaws.
Rules must be approved by the board and communicated to unit owners at least 30 days before taking effect.
Drafting Guidelines:Use the following structure:
Rule Title: (e.g., "Parking Use Guidelines")
Purpose: (e.g., "To ensure fair and orderly use of the visitor parking stalls.")
Rule Details: (e.g., "Visitors must display a parking pass on the dashboard. Overnight parking is limited to two nights per week.")
Example Rule Draft
Rule Title: “Pet Control and Cleanliness Policy”
Purpose: “To promote a clean, safe, and respectful environment for all residents, their pets, and visitors.”
Rule Details:
Pets must be kept on a leash at all times while on common property.
Pet waste must be immediately picked up and disposed of in designated waste bins.
Residents may not allow pets to enter landscaped areas marked as off-limits.
Any complaints regarding pet behavior will be addressed by the board and communicated to the pet owner for resolution.
Activity
Scenario: A condominium corporation wants to create a rule prohibiting the use of drones in common property areas for safety and privacy reasons.
Task: Draft this rule, ensuring it complies with the CPA, and outline the steps for board approval and communication to unit owners.
