# Question - Condo Bylaws



## SuperGrover (Oct 24, 2011)

I have a question regarding my condos bylaws. Well actually there are bylaws and a policy manual. This "policy manual" is used to supplement the bylaws and was voted in by the board. There was no special resolution or vote by owners to implement it. They are using the policy to amend things without having to change the bylaws (leaving the bylaws vague). My question is, is the policy manual a legal document or is it just a fluff piece. Thanks for helping out, cheers.


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## Just a Guy (Mar 27, 2012)

You elect the board to act as your representatives. They generally should have a policy manual which only needs board approval (you gave them the authority by electing them so they are acting on your behalf). Policies are binding, and can be enforced. When talking about legalities, they are not as strong as by laws, but by laws generally take a majority of owners to approve/amend making them nearly impossible to change in our apathetic country. 

Most condos have vague by laws and are governed more by policies.

I'd suggest if you don't like them, get yourself on the board, it's usually easy as no one wants to do it.


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## andrewf (Mar 1, 2010)

Bylaws are like a constitution of a country. They are usually vague, and hard to change. Policies are like legislation, and can be changed by elected representatives. The Bylaws trump the policies, if there is any contradiction.


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## Taraz (Nov 24, 2013)

When I was on a condo board, the bylaws were very specific about things like no noise after 10pm, no hanging laundry outside, pet allowed, no leaving items outside of the front of the unit, how many votes were required to borrow money on behalf of the complex, etc. The mode of enforcement was less specific in the condo bylaws, so I can see why you might develop a policy manual for enforcement/consistency. For instance, dogs required "the approval of the condo board" according to the bylaws, but a policy manual about which specific types/sizes of dogs were allowed would have been helpful. 

You should definitely consider being on the board. It's a good way to keep tabs on your investment (if you're an owner). Also, you can often be on the board even if you are a renter. Usually, there is an honorarium for each meeting attended (sometimes about $50/meeting).


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## SuperGrover (Oct 24, 2011)

I wanted to be part of the board. Unfortunately, I was away on vacation during the agm. Next year, I shall be. It sounds like a policy manual can be used for for changing stuff. Oh well


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## Taraz (Nov 24, 2013)

It shouldn't be able to override the bylaws, but it could clarify them.


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## heyjude (May 16, 2009)

Taraz said:


> When I was on a condo board, the bylaws were very specific about things like no noise after 10pm, no hanging laundry outside, pet allowed, no leaving items outside of the front of the unit, how many votes were required to borrow money on behalf of the complex, etc. The mode of enforcement was less specific in the condo bylaws, so I can see why you might develop a policy manual for enforcement/consistency. For instance, dogs required "the approval of the condo board" according to the bylaws, but a policy manual about which specific types/sizes of dogs were allowed would have been helpful.
> 
> You should definitely consider being on the board. It's a good way to keep tabs on your investment (if you're an owner). *Also, you can often be on the board even if you are a renter. Usually, there is an honorarium for each meeting attended (sometimes about $50/meeting).*


As one with condo board experience I agree with most of your post, Taraz, with the exception of the bolded statements.


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## the-royal-mail (Dec 11, 2009)

May I ask what this is about? Are you in conflict with a neighbor or representative of the condo board?


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## Taraz (Nov 24, 2013)

If you don't have an honorarium, vote one in.  When nobody wanted to be on the board (and the existing board had mostly moved out), we raised it to $100/meeting. After that there were lots of people who wanted to be on the board.


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## SuperGrover (Oct 24, 2011)

The board, it has changed several major things on the policy. Mainly the animal part, making it difficult to own a pet. This is on a townhouse property where everyone has there own lawn but it is still considered common property. And this issue isnt about waste from the dogs, that is a dog owners responsibility. I feel they have added it to start eliminating pets down the road. They are fairly major changes whch I feel would need to be address in the bylaws rather than the policy where a select few (tends to be the people with the most time on their hands) can make it. There are very few units (but a few buildings) and I feel the boards tends to act in the best interest for them rather than the entire property. This is more with the maintenance and their plans for spending. And I did read the act and my condos specific documents closely. It's no a huge issue as I plan to be moving out with 6-18 months depending on the house/location I choose. Just really annoying to feel like your concerns and needs are being ignored.


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## Just a Guy (Mar 27, 2012)

Generally, with new policies, there would be a standard grandfather clause for those who are in"violation" of the new policy...so, if you owned a pet, you could keep, but not replace it until it dies or you move.

Your description though, seems like a standard policy item to me, and I'm on several boards. Again, if you don't like it, get on the board.


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## the-royal-mail (Dec 11, 2009)

Interesting situation. I can kind of relate, going through a similar thing in an apartment. I did apply for an exception based on 7 years of experience with a pet in the bldg, pet deposit, suite inspection and 0 issues but they did not listen either. Not even the courtesy of a reply. I eventually moved out anyway. My advice would be to ask yourself what your time and aggravation is worth since you are planning on moving anyway. Unless of course you already have a pet?


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## the-royal-mail (Dec 11, 2009)

Interesting situation. I can kind of relate, going through a similar thing in an apartment. I did apply for an exception based on 7 years of experience with a pet in the bldg, pet deposit, suite inspection and 0 issues but they did not listen either. Not even the courtesy of a reply. I eventually moved out anyway. My advice would be to ask yourself what your time and aggravation is worth since you are planning on moving anyway. Unless of course you already have a pet?


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## Cal (Jun 17, 2009)

On a side note, I had recently checked out a maintained condo townhouse complex myself. To do any major reno (such as move a washer and dryer to another room, or anything structural) you need approval from the maintenance company that has the contract with the complex. Crazy to think you would spend half a million dollars and potentially have no control over the structural interior of your home. They need blueprints, permits first, then they decide, based on who knows what, if you are allowed to go ahead with your reno. (basic reno such as replacing kitchen, leaving plumbing in same spot, requires no approval)

I wonder how many buyers find things like this out after the fact.


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## heyjude (May 16, 2009)

If you plan to move out in 6-18 months I recommend that you NOT offer to become a member of the board. As for your concerns being ignored, have you (a) attended the AGM, (b) attended board meetings as an observer, ( c) written to the board about them?


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## SuperGrover (Oct 24, 2011)

Cal said:


> On a side note, I had recently checked out a maintained condo townhouse complex myself. To do any major reno (such as move a washer and dryer to another room, or anything structural) you need approval from the maintenance company that has the contract with the complex. Crazy to think you would spend half a million dollars and potentially have no control over the structural interior of your home. They need blueprints, permits first, then they decide, based on who knows what, if you are allowed to go ahead with your reno. (basic reno such as replacing kitchen, leaving plumbing in same spot, requires no approval)
> 
> I wonder how many buyers find things like this out after the fact.


Yes, I did find that out after the fact. Our condo board seems to have the opinion that every improvement needs to be approved; however, since we have been reading the docs, we found out that is not the case. And with our replacing in kind renos going forward, we will not be notifying them.


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