Acts and Regulations

C-16.05 - Condominium Property Act

Section 32
Disposition versions

Full text
By-laws
32(1)Each proposed by-law that is submitted with a declaration and description to the Director under paragraph 5(3)(d) is a by-law of the corporation that is created by the registration of the declaration and description, until it is replaced or amended under this section.
32(2)A corporation shall have by-laws with respect to the following:
(a) the management of the condominium property;
(b) the use of units or any of them for the purpose of preventing unreasonable interference with the use and enjoyment of the common elements and other units;
(c) the use of the common elements;
(d) the maintenance of the units and common elements;
(e) the use and management of the assets of the corporation;
(f) the board of directors and the officers of the corporation;
(g) the duties of the corporation;
(h) the assessment and collection of contributions towards the common expenses; and
(i) the conduct generally of the affairs of the corporation.
32(3)A corporation may make, amend or repeal by-laws by a vote of the owners of at least 60% of the common elements, or a greater percentage if specified in the declaration.
32(4)If a declaration divides the units into classes, the corporation may make more than one set of by-laws and limit the application of each set of by-laws to one or more of the classes.
32(5)The by-laws shall be consistent with this Act and the declaration.
32(6)If a provision in a by-law or proposed by-law is inconsistent with this Act or the regulations, this Act and the regulations shall prevail, and the by-law or proposed by-law, as the case may be, is deemed to be amended accordingly.
32(7)A corporation shall submit for approval a copy of a by-law together with a certificate in prescribed form, executed by the officers of the corporation, stating that the by-law was made in accordance with this Act, the declaration and the by-laws, and the Director shall approve for registration the by-law and certificate.
32(8)On approval for registration, section 9 applies with the necessary modifications to the documents in subsection (7).
32(9)Despite subsection 9(2), a by-law of a condominium property that was registered under the Registry Act on the commencement of this section and that continues under that Act shall be registered under the Registry Act and the applicable fees for registration under that Act apply.
32(10)A registrar of deeds shall only register the documents referred to in subsection (7) if they are approved and submitted by the Director.
32(11)A by-law is not effective until the documents referred to in subsection (7) are registered.
32(12)A by-law or the repeal of a by-law shall not operate
(a) to prohibit or restrict the devolution of a unit,
(b) to prohibit or restrict the transfer, lease, mortgage or other dealing with a unit,
(c) to modify the common elements of a condominium property, or
(d) to destroy or modify an easement implied or created under this Act.
By-laws
32(1)Each proposed by-law that is submitted with a declaration and description to the Director under paragraph 5(3)(d) is a by-law of the corporation that is created by the registration of the declaration and description, until it is replaced or amended under this section.
32(2)A corporation shall have by-laws with respect to the following:
(a) the management of the condominium property;
(b) the use of units or any of them for the purpose of preventing unreasonable interference with the use and enjoyment of the common elements and other units;
(c) the use of the common elements;
(d) the maintenance of the units and common elements;
(e) the use and management of the assets of the corporation;
(f) the board of directors and the officers of the corporation;
(g) the duties of the corporation;
(h) the assessment and collection of contributions towards the common expenses; and
(i) the conduct generally of the affairs of the corporation.
32(3)A corporation may make, amend or repeal by-laws by a vote of the owners of at least 60% of the common elements, or a greater percentage if specified in the declaration.
32(4)If a declaration divides the units into classes, the corporation may make more than one set of by-laws and limit the application of each set of by-laws to one or more of the classes.
32(5)The by-laws shall be consistent with this Act and the declaration.
32(6)If a provision in a by-law or proposed by-law is inconsistent with this Act or the regulations, this Act and the regulations shall prevail, and the by-law or proposed by-law, as the case may be, is deemed to be amended accordingly.
32(7)A corporation shall submit for approval a copy of a by-law together with a certificate in prescribed form, executed by the officers of the corporation, stating that the by-law was made in accordance with this Act, the declaration and the by-laws, and the Director shall approve for registration the by-law and certificate.
32(8)On approval for registration, section 9 applies with the necessary modifications to the documents in subsection (7).
32(9)Despite subsection 9(2), a by-law of a condominium property that was registered under the Registry Act on the commencement of this section and that continues under that Act shall be registered under the Registry Act and the applicable fees for registration under that Act apply.
32(10)A registrar of deeds shall only register the documents referred to in subsection (7) if they are approved and submitted by the Director.
32(11)A by-law is not effective until the documents referred to in subsection (7) are registered.
32(12)A by-law or the repeal of a by-law shall not operate
(a) to prohibit or restrict the devolution of a unit,
(b) to prohibit or restrict the transfer, lease, mortgage or other dealing with a unit,
(c) to modify the common elements of a condominium property, or
(d) to destroy or modify an easement implied or created under this Act.