Does the idea of regulating the curtain colour, where hockey gear can be hung, or how many St. Bernards can live in a unit cause you to raise an eyebrow? While these examples may seem mundane or unimportant, carefully crafted condominium bylaws play an integral role in harmonious community living.
Simply put, Alberta Condominium bylaws are the rules that govern a Condominium Corporation, its Owners, and its Residents. While many people are familiar with what bylaws restrict (like the pets, appearance, and use of common property previously mentioned), a Condo’s bylaws also address matters like the election of the Board, how condo fees are collected, and the maintenance responsibilities of the Corporation and Owners.
Know someone who could benefit from this article? Share it now!
In Alberta, the Condominium Property Act requires that all condominiums have a set of bylaws. As per Section 33 of the Act:
“On the registration of a condominium plan, the bylaws of the corporation are the bylaws set out in the regulations, and those bylaws remain in force in respect of that corporation until they are repealed or replaced by special resolution.”
The initial or default set of bylaws for a Condo Corporation can be found in the Condominium Property Regulations as “Schedule 4”. As the initial bylaws are basic and fairly general, they are often amended, repealed or replaced.
Though parts of the bylaw amendment process can be a bit grueling, Condo Corporations often opt to change or replace their Initial Bylaws to ensure they are relevant to the community. There are three types of revisions that can be done to a set of bylaws:
Condominium Bylaws in Alberta can only be amended, created, or replaced by special resolution. A special resolution requires obtaining the approval of at least 75% of all Owners eligible to vote and whose collective votes represent at least 7,500 unit factors.
Once a special resolution has passed, the changes must be registered with Land Titles using the aptly named Form 3 – Notice of Change of Bylaws. Once filed, the bylaw changes do not come into effect and cannot be enforced until they appear on the condominium additional plan sheet.
Changing condominium bylaws is a significant undertaking. We advise any Condo Board contemplating bylaw changes to seek legal counsel.
"My neighbor banged on the wall at 3.30 am. Luckily, I was still up playing music. He shouted, 'Can we have a little respect please?' So, I shouted back, 'I'm not a big Aretha Franklin fan, but okay, this one is for you.”
While the above scenario is entirely made up, it’s not hard to imagine it playing out in a Condominium. Your Condominium Board is responsible for upholding the Condo Corporation’s bylaws in a fair, consistent and timely manner.
Maintaining bylaw compliance requires a nuanced approach. Remember, those who may contravene Condo Bylaws aren't faceless entities; they're neighbours, people within your community that you likely interact with regularly.
The Condo Board must take the following steps to enforce a bylaw:
The Board may resolve to impose a penalty, such as restricting amenity usage or imposing a monetary sanction. For either choice, the Owner must receive a notice with the resolution date and the reason for the penalty.
The Condominium Property Regulations set the maximum amount per sanction which is $500 for a first-time offence and $1,000 for second and subsequent instances though a Condo’s bylaws may set out a lower amount.
Remember, most Board’s would prefer to focus their valuable time and energy on their other responsibilities beyond bylaw enforcement. Simple steps such as ensuring Owners have easy access to the Bylaws or communicating seasonal bylaw reminders can go a long way in preventing violations.
Psst... Our in-house platform, Tribe Home, includes a notice feature called The Loop. This easy-to-use feature enables our Community Managers and Condo Board to send reminders to Owners & Residents with just a few clicks.
Although the terms 'Bylaws' and 'Rules' are often used interchangeably, it's important to note the distinct differences between them. Rules (sometimes called policies) often add to or expand on a Corporation’s bylaws.
Rules differ from a condo’s bylaws in the following ways:
Whether you’re a volunteer on the Condo Board or an Owner hoping to adopt a furry friend, navigating condominium’s bylaws can feel difficult. However, Condo Bylaws are fundamental to fostering a cohesive community. They provide the guiding framework for the Condo Board and align expectations among all Owners and Residents.
Licensed Condominium Managers, like our team here at Tribe, can assist Condo Boards in understanding their condo’s bylaws while also breaking down the relationship of those same bylaws with the rules, Acts, and Regulations that govern their community.
This is a common question in the Alberta condominium community and the short answer is no. Bylaws that contravene the Condominium Act, the Human Rights Act, or other legislation are unenforceable.
For example, if a condominium was registered after January 1st, 2018, has an age restriction bylaw (such as 25+), that bylaw would be unenforceable as it violates the Human Rights Act of Alberta.
Found this guide helpful? Share with your community!