By-laws

The board can vote to add, remove or repeal the corporation’s by-laws but all additions and changes must be ratified by 50% plus one of all the owners, in person or by proxy, at an owners’ meeting. The by-laws must be reasonable and consistent with the Act.

Among other things, the by-laws govern the number, qualification, nomination, election, resignation, removal, the term of office and remuneration of the directors. They also regulate board meetings, the quorum and the functions of the board.

The by-laws govern the appointment, remuneration, functions, duties, resignation and removal of agents, officers and employees of the corporation.

By-laws govern the maintenance of the units and common elements. A by-law is required to establish what constitutes a standard unit for each class of unit for the purpose of determining the responsibility for repairing improvements after damage.

By-laws govern the assessment and collection of contributions to the common expenses.

They also restrict the use and enjoyment that persons other than occupants of the units may make of the common elements and assets of the corporation.

By-laws govern the management of the property and the use and management of the assets of the corporation.

A by-law should be included to establish the procedure with respect to the mediation of disputes or disagreements between the corporation and the owners. Often this is overlooked.

The owners must pass a by-law before the corporation is authorized to borrow money.

If the directors want to be paid, a by-law must be passed by the owners stating how much they will get and for what length of time. It cannot be for any period longer than three years.

Only the board can propose new by-laws or amendments to existing by-laws. The owners cannot requisition an owners meeting to do either.

A new by-law or a change to an existing by-law is not effective until the owners of a majority of the units of the corporation vote in favour of it at an owners meeting called for this purpose and a copy of the by-law is registered with the land registry office.

Joint by-laws
If the condo corporation is part of a shared facilities corporation, the corporation's owners and residents are bound by the joint by-laws.

Any changes in the joint by-laws must be ratified by a majority of the owners of all the member condo corporations.

top   contents   chapter   previous   next