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Condominium Bylaws Revisions

It is time!

Over the last number of years, the government enacted a significant number of changes to the Condominium Property Act and the Condominium Property Regulation. COVID-19 gave us many opportunities to interact with bylaws, and the government also tried to make some changes to assist and modernize meetings. Developments in case law have also occurred. Many Corporation bylaws could use a "refreshing."

We would appreciate the opportunity to work with you to update your bylaws. We would be happy to help, whether it is with a whole new set of bylaws or making smaller changes.

Process

To get the process started, we like to send a questionnaire for the Board to review and consider. This is not an exam! We do this for the purpose of engaging dialogue and getting people thinking and talking about the issues (perhaps beyond what you are already dealing with). We also send a retainer letter.

On being retained, we complete a review of the registered plans, the existing bylaws, and the CAD sheet. We also review the project either with Google Earth or conduct a drive by, or both, while we wait for the questionnaire to be returned.

Thereafter, we like to arrange a meeting with the Board or Committee as the case may be, to discuss any issues. This can be virtual or in-person. We make it a point to be flexible and will attend at a time and place selected by the Board; we are aware that most are volunteers, and many have "day jobs." In our experience, it is very helpful for us to have this meeting on-site. Alternatively, we are sometimes asked to simply get started with a draft, which we can also do.

We work through the draft, come back with questions, if need be, then send out that draft for review and discussion.

Fee Quote

To give you an exact quote is difficult, without knowing what your existing bylaws look like and without an understanding of what type of complex you live in. For some projects, the existing bylaws may be quite "current" and will thus not require significant revisions. For others, it may not be worth trying to work around the existing bylaws; it may be better to start "fresh." Amending bylaws is a lengthy process; however, we strive to simplify and streamline the process for the Corporation as best as we can.

Generally speaking, we charge on an hourly basis for bylaw drafting. However, to give Boards some certainty, we generally will advise that the first draft will be $5,000.00. Thereafter, fees can vary significantly. Some Boards and ownership groups want us to attend an information meeting. Sometimes seeing the draft on paper can lead to changes in direction. Sometimes there is a lack of agreement on how parts of the bylaws should be drafted. Sometimes the Board is almost immediately happy with the draft and the matter goes to a vote and it passes there, too.

On that note, the bylaws must be passed by "the double 75" - 75% of the unit factors and 75% of the owners who are entitled to vote. (32(2) and 1(1)(x)) Generally, your manager will assist with that process, and we are also able to help out if needed (for example, attending a meeting, as noted above).

Once the resolution passes, the new bylaws must be registered at the Land Titles office. There is a form that must be signed by one of the Board members, and the new bylaws sent for registration with instructions on what happens to the old bylaws, if anything. The cost for this is nominal.

Please give us a call if you would like to discuss this further.