MemberJanuary 26, 2024 at 2:39 pm
Bylaws are complex! Don’t try to do everything yourselves. Expect to retain a lawyer familiar with the Condominium Property Act and Regulation.
My experience, coming from working as a community planner in many communities across Western Canada, a Toastmaster, and trainee and trainer with the Board Development Program, society and Condo board member and President:
- Have round-table conversations among yourselves about every topic you can think of as to how you want your condominium to be – don’t just deal with the three Ps (People, Pets and Parking)
- Have very wide-ranging conversations, and talk about everything – many things may not need to be legislated, but there may need to be a discussion leading to a rule or policy. Some things may not be possible under legislation, but it is important to explore the issues and find out if they can – or cannot – be implemented.
- Form a committee (with one board member to report to the board) to prepare a ‘shopping list’ of possible bylaw items, in everyday language that everyone understands.
- Consult the lawyer and ask for the shopping list to be incorporated into your bylaws. Some can be done, and some cannot (such as prohibiting rentals) but can be managed (such as short-term rentals).
- The lawyer will have access to bylaws, or draft bylaws, with suitable legally acceptable terminology to translate your wishes into draft bylaws.
- The lawyer should be able to incorporate items decided in court, if not by legislation, that can be included or must be excluded.
- Have yet more open discussion to review the draft bylaws. Assuming everyone is (eventually) happy, or accepting the wishes of the majority, the board should by resolution decide to put the bylaws to a vote of the owners.
- The Special Resolution should pass easily in a short time, because of the general prior discussions. (Who said “Dream on!”)?
- Make sure the bylaws are registered in the Land Titles Office. The lawyer should do that.