Bylaws and Rules: 14/06/23
The information provided describes the key points regarding bylaws and rules in relation to a condominium corporation. Here are the main points:
Bylaws:
- Purpose: The bylaws regulate the corporation and govern the control, management, and administration of units, real and personal property, common property, and managed property.
- Binding Effect: Owners of the units and anyone in possession of a unit are obligated to comply with the bylaws.
- Amendment Process: Bylaws can be amended, repealed, or replaced through a special resolution.
- Effectiveness of Changes: Any amendment, repeal, or replacement of a bylaw takes effect once it is filed with the Registrar and the Registrar has made a memorandum of the filing on the condominium plan.
- Limitations: Bylaws cannot prohibit or restrict the transfer, lease, mortgage, or other dealings with units, nor can they modify or eliminate any easement implied or created by the Condominium Property Act.
- Binding Nature: Bylaws are legally binding on both the corporation and the owners. They are treated as if they have been signed and sealed by the corporation and each owner, containing covenants to comply with the provisions of the bylaws.
Rules:
- Board Authority: The board has the power to make, amend, or repeal rules through a resolution. These rules relate to administrative procedures within the corporation and the management of its property.
- Reasonableness and Consistency: Rules must be reasonable and in accordance with the Condominium Property Act, regulations, and bylaws.
- Restriction Limitation: Rules cannot impose restrictions on the use of units.
- Communication: The board is required to inform owners and tenants of any rules made, amended, or repealed.
- Hierarchical Precedence: If a rule conflicts with the Condominium Property Act, regulations, or bylaws, the Act, regulations, or bylaws take precedence.
It’s important to consult the specific bylaws and regulations of the condominium corporation in question to ensure accurate and up-to-date information regarding their governance and administration.
