This article covers the benefits of updating your Condominium Corporation’s By-laws and the step-by-step process of making changes.
By-Laws – What Are the Benefits?
The Step-By-Step Process
Step 1: List of changes
- The Board may wish to prepare a list of items to discuss but it is not essential
- Meet with lawyer to discuss the required changes and lawyer recommendations
Step 2: Draft amendment for new By-laws
- The lawyer will prepare draft By-laws for the Board/Condo Consultant to review
- It is normally 8 – 10 weeks for the lawyer to prepare the new proposed By-laws
Step 3: Review and revisions
- Board/By-law Committee reviews document with Condo Consultant
- Advise lawyer of any further changes
- Changes are made and forwarded to Board/Condo Consultant for further review
Step 4: Owner approval
- It is recommended to search titles to all Units to confirm Owners for the effective date
- It would then be the Board’s responsibility to obtain the required signature of Owners to pass the Special
Resolution (75% of the Owners representing 75% of the Unit Factors) as of an effective date
Step 5: Registration
- Directors will sign Notice of Change of By-laws to certify Special Resolution has been properly passed, and
return to lawyer - By-laws and Notice are forwarded to Land Titles for registration
- Confirmation will be provided to the Board/Condo Consultant to forward to Owners
Only By-laws which are registered at the Land Titles Office can be legally enforced.