Grab a sample of owners at any condo building, ask them
about bylaws and chances are you’ll hear something along these lines…
“Man, I hate the
bylaws in my building – what a royal pain in the ass!So many rules about so many stupid little
things!”
Lets face it – no one likes rules.Actually let me rephrase that…no one likes
getting reprimanded for breaking the rules.Quite often we may be OK about the “idea” of keeping the appearance of
the condo neat and tidy so it doesn’t turn into a dive, but as the Board tells
you to “Take that bike off your balcony”…well, them’s fightin’ words! Who are they to tell me what to do?
First off, stay tuned for our future article on “Is Condo Living for Me?”The central concept of this article is that you’ll have to give up
certain freedoms and follow the rules of the collective group when you live in a condo.These rules are applicable and known to
everyone and are what will permit you as an individual owner to co-exist with
your neighbors in a reasonable peace, at least in theory. Don't like this concept? Consider a detached house, though I should warn you there are municipal bylaws if you're in a city...
But CondoSensei – shouldn’t we just follow common
sense?Are we not all adults here?The sad truth is that common sense is not
that common.You might think everyone
would know not to raise farm yard animals at a condo, or to put their garbage
into the clearly marked garbage bin, but in reality a good portion of the
ownership base won’t.The sad reality is
that bylaws are meant for the lowest common denominator in a building.You and nine others in your building might
get it, but it’s all about making sure that 10th person keeps their
arms inside the bus….
To
Protect and Serve – You!
Ultimately, bylaws are meant to serve and protect the
all the residents of the building, including you.Bylaws are not strictly about regulating the
behavior of residents – it also sets out the expectations of what the Board and
Property Manager do on your behalf.There should be a section in there titled “Duties of the Corporation”
that clearly spell out what the marching orders of the Board and Property
Manager are.If they are grossly
negligent in performing these duties, legally this section can give rise to
their removal.
Bylaws are ultimately what will give the Board teeth to
deal with situations and residents that threaten the enjoyment and well being
of other residents.Read my example of
how bylaws saved a neighboring condo building of mine from the clutches of a
crack dealing pimp!
Extraordinary
Meetings for Extraordinary Circumstances
One important aspect of your bylaws not to forget about
is the section where the requirements to force the Board to hold an
Extraordinary General Meeting.If a
certain percentage of unit factors petitions the Board to hold a meeting on a
topic, the Board is obligated to hold a general meeting with owners.So if the Board has taken actions that don’t
make sense, if the Board isn’t living up to its Duties and Obligations, or if
you need additional information about a policy or decision (ie a Special
Assessment), you need to remember this option exists.Your bylaws will spell out exactly what percentage
of unit factors must sign your petition to force an Extraordinary General
Meeting, though provincial Condo Acts specify these percentages.
Lets be clear here though – you can force an
Extraordinary Meeting that’ll let you the petitioners talk to the Board.However the Board will still hold a vote
amongst themselves.Getting an
Extraordinary meeting to be held does *not* mean they have to listen to
you!That said, XGM’s are often to for residents
to get more information on an issue (ie a Special Assessment) or bring issues
to the attention of the Board.
And finally, have a look at the Why Bylaws Matter to Board Members article.What’s the old saying about walking a mile in
another man’s shoes?Seeing why bylaws
matter from the Board’s perspective will hopefully help you understand the
reason, and need for these “damn rules” from their perspective (and ultimately
yours too).