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
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
By-laws govern the maintenance of the units and common elements. A
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
They also restrict the use and enjoyment that persons other than
occupants of the units may make of the common elements and assets of
By-laws govern the management of the property and the use and
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
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
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
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
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.