MemberApril 10, 2022 at 4:42 pm
Posted by: @jonfkleingmail-com
I have a couple of questions about adopting the default bylaws found at the end of the Alberta Condominium Property Act Regulations.
1) The default bylaws do not include insurance requirements. So how does a corporation that adopts the default bylaws handle their insurance requirements?
MarkH: Section 47 of the Condominium Property Act (CPA) applies and requires the Corporation to undertake certain insurances.
2) At the start of the default bylaws in the Regulations is stated:
Note: Section 33 of the Act provides that the bylaws in
this Schedule apply only until they are repealed or
replaced by special resolution and registered at the land
My building has been using an old set of bylaws that were adopted decades ago. Is it allowed to repeal these old bylaws and revert to the default bylaws, or are the default bylaws only allowed for new condominiums after registration of a condominium plan?
MarkH: Sections 34 and 34.1 of the CPA tell you the answer to your question. If you were using the old default bylaws (as I believe you indicate above), they are now by virtue of the CPA and with no action required by your corporation, replaced by the default bylaws set out in the CP Regulation.
MarkH: If your old bylaws were not the old default bylaws, but developed and adopted by your corporation, they will endure until replaced by new bylaws which you would adopt by Special Resolution. However, in the interim, your old bylaws (if in conflict with the current CPA and Regulation [CPA&R]) would be over-ruled by the new legislation.
MarkH: Sections 34.1(2) and (3) introduce complications regarding adoption. If a part of your current bylaws is in conflict with the revised CPA&R, you can amend that part by Ordinary Resolution.
MarkH: I believe that if you want to use the new default bylaws, you should repeal your old bylaws and adopt the new bylaws by Special Resolution. Please only do this if the new default bylaws truly meet the needs of your development and corporation, including the insurance requirements you first asked about.