Question: Question: Our Condo Corp was formed back in the 70’s. When By-Law #1 of the Corporation was drawn up and registered it included our Rules and Regulations as an attachment known as Schedule A. Article 13 of that same by-law gives provision for changing a rule as quoted:
[ ARTICLE XIII
RULES AND REGULATIONS
The rules and regulations attached hereto as
Schedule “A” shall be observed by the owners and the term
“owner” shall include the owner or any other person occupying
the unit with the owner’s approval. The majority of the
owners may from time to time make such additional rules or
regulations or vary and amend such rules and regulations
respecting the use of common elements for the purpose of
preventing unreasonable interference with the use and
enjoyment of the units and common elements.]
Our condo board has given notice, under section 58 of the Condo Act of Ontario that it is amending one of the rules. The amendment itself really isn’t an issue. However, as the rules form part of a by-law, and as that by-law gives instruction that a MAJORITY of unit owners may amend the rules, isn’t that consistent with section 56 of the Act, and therefore, section 56 be applied to changing our rule, not section 58, especially as the Rules are part of a by-law?
Answer: The bylaw gives authority to make rules and the rules can be changed without changing the by-law. The point of this is to make it easier to change a rule than a by-law. What is being done is proper.