Some basic reminders with respect to your unique bylaws.
“The bylaws bind the corporation and the owners to the same extent as if the bylaws had been signed and sealed by the corporation and by each owner and contained covenants on the part of each owner with every other owner and with the corporation to observe and perform all the provisions of the bylaws.” – Section 32(6) of the Alberta Condominium Property Act, C-22 RSA 2000
With consideration to the stage 2 amendment:
- The corporation has a duty to repair and maintain the common property.
- If there is a conflict between the bylaw and the Act, the Act prevails.
- Bylaws include governance items such as enforcement guidelines, aesthetic standards, pet allowances, unit alteration guidelines, noise restrictions, parking/storage restrictions as well as number of board members permitted among other considerations.
- Bylaws must be enforced.
- Corporations may commence legal action for recovery of condo fees in arrears, assessments, monetary sanctions,
- Boards may create rules to supplement their bylaws.
- If there is a conflict between the Act and the bylaws, the Act prevails.
- Effective July 1, 2019:
- All infractions must provide a written warning before sanctions may be levied.
- Maximum sanctions per event with a total maximum.
- New rules require at minimum 30 days notice to owners and residents before they come into effect. Emergencies (safety/security) do not require this notice period.
- Rules may not be subjected to monetary sanctions.
- If there is a conflict, ordinary and special resolutions takes precedent over the bylaws but not the Act.
- All current rules must be sent to all owners and residents within 90 days from July 1, 2019 or they become invalid.
Reference the governing documents for your corporation to become better equipped with condo living!