Kara Sears
Condominium by-laws, or bylaws, are a contract between the condo association and the owners. They outline the operating procedures of the homeowners association, including how to call and conduct meetings, voting procedures, and how to manage association business. By-laws also cover a range of matters related to property governance, such as defining the boundaries of each condominium and common areas, as well as how the condo board carries out its duties. They can also include rules and regulations that govern the day-to-day life of the residence, such as holiday decoration rules, noise restrictions, and pet policies. It's important for unit owners to understand and abide by the by-laws, which are typically provided to owners when purchasing their units.
| Characteristics | Values |
|---|---|
| Administrative guidelines | Focus on property governance and how the condo board carries out its duties |
| Operating procedures | How to call and conduct a meeting, how to vote, how to levy assessments, how to manage association business, and how to keep records |
| Management of the association | Duties and authority of the board, what parts of the condo you own, whether leasing is permitted, what responsibilities unit owners have, insurance requirements |
| Rules and regulations | Holiday decor rules, noise or nuisance rules, pet policies, use of the building and its common areas, behaviour of residents, prohibited activities |
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What You'll Learn
The management of the condominium association
The condominium bylaws govern the structure and operation of the association. They are a contract between the condo association and the owners. The bylaws are more about the management of the association than the rules that govern it and its members. They contain information regarding board meetings, elections, board composition, board terms, voting procedures, and the like. In larger homeowners associations, the bylaws often establish a board of directors or other governing body, and a group of officers, to make decisions and supervise the association's day-to-day operations.
The bylaws can also include procedures for any special assessments, including whether or not a special assessment requires a vote of the members (owners), procedures for setting and raising assessment amounts, and whether there is a limit on annual assessment increases. The bylaws may also specify insurance requirements.
The bylaws should be reasonable and consistent with the Condominium Act and the corporation's declaration. They are required to address certain topics, such as defining a standard unit for repair and insurance purposes. The bylaws are typically passed, changed, or repealed by resolution at a condo board meeting, with the approval of a majority of owners.
It is important to note that the operating rules of a condominium differ from the bylaws and the CC&Rs (Declaration of Covenants, Conditions, and Restrictions). While all of these fall under the governing documents, they play different roles. The CC&Rs are the primary document establishing the condominium and contain the legal rights and responsibilities of the condo association and its members. The operating rules are more specific and expound on the CC&Rs.
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Property governance
Condominium by-laws, or bylaws, are a contract between the condo association and the owners. They are a type of governing document that covers a wide range of matters but generally focus on property governance and how the condo board carries out its duties. By-laws are required to be reasonable and consistent with the Condominium Act and the corporation's declaration.
The condominium bylaws govern the structure and operation of the association. They contain information on board meetings, elections, board terms, voting procedures, and the like. For example, they may establish a board of directors or other governing body to make decisions and supervise the association's day-to-day operations. They also contain certain information such as the duties and authority of the Board, what parts of the condo you own, whether leasing is permitted, what responsibilities unit owners have, and insurance requirements.
The bylaws differ from the operating rules, which govern the use of the building and its common areas, as well as the behaviour of residents. The operating rules are more specific than the broader strokes of the bylaws. Rules can include holiday decor rules, noise or nuisance rules, and pet policies. They can also include fine or penalty provisions for violations of the governing documents.
To change the by-laws, boards must pass a resolution at a condo board meeting, calling a meeting of owners about proposed changes. Owners must approve these changes, typically through a vote, and the changes must be registered with the Land Registry Office once approved.
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Board meetings and elections
Board meetings are business meetings of the board, not unit owner meetings. Therefore, unit owner interference should not be allowed. However, it is good practice to set aside a few minutes at the beginning of the meeting for "Unit Owner Business" to give owners a chance to speak.
There are various types of meetings that can be held, including board meetings and owner's meetings. The Condominium Act, 1998, allows condo owners to attend various meetings. Condo corporations hold meetings to make decisions regarding the condominium.
Owners who want to participate but cannot be present may enable someone else to represent them by filling out a proxy form. This person is called a proxy and does not need to be an owner in the condo corporation.
Board meetings require a minimum number of participants to be present, which is called a "quorum". If there is no quorum, voting cannot take place, but discussions can still occur. For board meetings, 50% of those entitled to cast votes must be present.
The first Annual General Meeting (AGM) must be held within three months of the registration of the declaration and description. After registration, the Board of Directors must call and hold an AGM within six months of the end of the condominium corporation's fiscal year.
Condo board elections are important to ensure fair management and operation, and to avoid financial problems. Directors have a long list of responsibilities, including maintaining the fiscal health of the corporation. Candidates must make certain disclosures at the time of their candidacy, when elected, and during their time on the board. This includes any convictions of an offense under the Condominium Act, 1998, or any interests in a contract that the corporation is a party to.
To ensure an experienced member sits on the condo board at all times, terms are usually set to coincide with the AGM, with at least one director's term ending at each meeting. This allows for a good rotation of directors and ensures the condo runs more smoothly.
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Leasing and insurance requirements
Condominiums, or "condos", are a unique form of property ownership, also called "common interest communities". The ownership aspects of condos create specific issues for renting or leasing. Condos are controlled by a set of governing documents, particularly the declaration and bylaws, and a homeowners' association, or "HOA". The governing documents set out rules for the management of the property, covering everything from the floor plans to what services the HOA pays for. They also explain who owns which parts of the property, as between private owners and the condominium association.
The condominium association usually owns various common areas, such as the lobby, parking garage, and elevators. A condo owner typically lives in and owns a defined space within the condominium complex, usually called a "unit". The condo owner has a reasonable amount of freedom over what they can do in their unit. However, there are certain restrictions on renting that the condo owner must follow.
The condo's declaration and bylaws, as well as state laws, should be reviewed and understood before leasing a condo. The condominium bylaws are a self-governing document for the association. This covers board member qualifications and the direction of the board of directors, including how it administers policies according to the bylaws and how it oversees the maintenance and administration of the association.
The bylaws will also cover meetings, voting, proxies, budgets, assessments, including special assessments, insurance coverage, and restrictions. The condo unit must be used only in accordance with the bylaws of the association. They contain certain information such as the duties and authority of the board, what parts of the condo you own, whether leasing is permitted, what responsibilities unit owners have, what kinds and sizes of pets are permitted, age restrictions, procedures for any special assessments, and insurance requirements, among other things.
Condo rental insurance is a significant asset that every condo rental owner should get. As with homeowners' insurance, unit owners purchase their own condo insurance. Insurance for condo units works differently from homeowners' insurance because owners are not responsible for the structure itself. Instead, condo associations take out a master policy that includes coverage for the condo building. Then, individual unit owners will have to purchase their insurance policies to cover their personal belongings. In the case of condo rentals, owners need to purchase landlord insurance that applies specifically to condos, which usually comes in the form of a rider.
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Holiday decor and pet policies
Holiday Decor Policies
Holiday decor policies in condos often aim to balance residents' holiday cheer with respect for their neighbours' differing cultural and religious backgrounds. While some residents may not be subject to specific regulations, those in homeowners' associations (HOAs) or condo boards typically have rules regarding holiday decorations. These rules may include restrictions on the timing of displays, with a common guideline being two weeks before and after the holiday. Developers can also specify that decorations cannot be permanent and restrict the hours during which lights can be turned on.
To accommodate various cultural and religious holidays, developers can encourage committees to survey residents and determine which holidays should be represented in common areas. For example, in addition to Christmas decorations, condos might include menorahs for Hanukkah or symbols of Kwanzaa. It is essential to communicate these regulations in a friendly and understanding manner, providing residents with options and the opportunity to share their opinions.
Pet Policies
Pet policies in condos can vary significantly, and it is crucial to understand the relevant local laws and regulations. The Fair Housing Act (FHA) mandates that service animals be permitted, but emotional support animals are treated differently. While the general public is increasingly aware of the role of emotional support animals, there are limitations to what qualifies. Developers should be aware that clear and concise rules regarding pets can help avoid disputes.
HOAs may enforce rules on the number of pets allowed, vaccination and licensing requirements, and restrictions on certain types of pets. For example, unusual pets like tarantulas or snakes may be prohibited. Additionally, condos may have rules regarding pet behaviour, such as leash requirements, restrictions on aggressive behaviour, and expectations for cleaning up after pets.
In conclusion, developers can establish holiday decor and pet policies in condos by considering the diverse backgrounds of residents, communicating regulations clearly, and staying informed about relevant laws and local regulations.
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Frequently asked questions
By-laws are a contract between the condo association and the owners. They cover a wide range of matters but generally focus on property governance and how the condo board carries out its duties.
By-laws typically include information on the duties and authority of the board, what parts of the condo you own, whether leasing is permitted, what types and sizes of pets are permitted, age restrictions, and insurance requirements, among other things.
Owners typically receive a copy of the governing documents, including the by-laws, when purchasing their unit. Existing owners can request a copy of the by-laws from their condo corporation or board.
