Every condominium has a set of bylaws. Before purchasing a condo, a buyer has every opportunity to review the bylaws & is usually a condition of the sale. Read through them carefully. The bylaws cover most everything, from rules about having pets or tenants to what you’re permitted to have outside your unit such as signs, flags, BBQ’s, bikes and the like.
When a condominium plan is registered, it may include the initial set of bylaws that govern the corporation. If not,the bylaws found in Appendix 1 of the Condominium Property Act apply until they are replaced.
If you don’t agree with the bylaws, think twice about buying the unit .
How To Change The Bylaws?
Any bylaw may be amended, repealed or replaced by a special resolution.
Only owners -not tenants- can change the bylaws to suit their particular complex by passing a motion to adopt the changes.
If a bylaw is to be amended, repealed or replaced, the persons entitled to vote shall be given written copies of the text of the proposed amendment, repeal or replacement not less than 14 days prior to the day on which the special resolution is to be voted on.
A special resolution, requiring the approval of 75% of the owners named on title and representing not less than 7,500 unit factors (75%) is required to make any changes to the bylaws. Changes are effective after the board registers the changes at a Land Titles Office.
It’s not a quick or simple task.
Owners, and everyone occupying a unit, are bound by the bylaws of the corporation.
If there is a conflict between the bylaws and the Condominium Property Act, the Act applies. The Act and specific bylaws give the corporation the right to impose sanctions, like fines, on owners who fail to comply with the bylaws. But don’t let it get that far. Carefully read the bylaws ahead of time.