Revising a Condo Corporation's Organizational By-law
Posted on January 20, 2010 at 04:49 PM
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 The provisions contained within their existing organizational by-laws are typically outdated and, in certain areas contradict the new Act requirements.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).
organizational by-law
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