Revising a Condo Corporation's Organizational By-law

Time Posted on January 20, 2010 at 04:49 PM User Marco Graziani

For all condominium corporations created prior to May 5th, 2001, which is the date the Condominium Act, 1998 (the “Act”) came into force, consideration should be given to up-dating their organizational by-law (i.e. By-law No. 1). The provisions contained within their existing organizational by-laws are typically outdated and, in certain areas contradict the new Act requirements. The Act will prevail over any conflicting provisions contained within a condominium corporation’s organizational by-law. Accordingly, until the organizational by-law is updated, its provisions must be compared to the new provisions of the Act each and every time a provision of the by-law is relied upon. When revising this by-law, the board of directors should also consider making other organizational amendments (i.e. increasing the qualification requirements of directors).

Tag organizational by-law

2 responses to Revising a Condo Corporation's Organizational By-law

  • Name: ByLaw #1?, April 13, 2010 at 05:29 PM

    I'm an owner in a Townhouse Condominium Corporation, that was constructed from 1974 to 1978.
    Ignoring ByLaw #1, we have ByLaw(s) 3 and 4, which have been rendered obsolete, and inconsistent with the Act. Our Declaration, is inconsistent with the Act.
    Yet, our Executive Board does nothing. I'm trying to find the cheapest solution, and am willing to pay for it (the updating of our Declaration & ByLaws) myself. I think, that 10 years, is 9.9 years too many. I know that there are finite resources, but if $530 was set aside per year ($10 / unit) we would have $5,300 in that "fund" and I would be able to get it done, with my current, high-priced, lawyer. Instead, I have to do it myself, as I've already put my foot in my mouth, relying on the ByLaws. If you have an idea as to how much this would cost, I'd love to hear your quote. Please, I do not intend to actually file the paperwork, I just want to know how much it would cost to go through the Act, and the Declaration, by a para-legal at the very least, and have them correct and / or replace sections with ones that are consistent with the current Act.


  • Name: Andrew, April 13, 2010 at 05:30 PM

    oops, my name is Andrew, and my email is omnuus@hotmail.com



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