When it comes to running a successful and harmonious condominium community, understanding the governing documents is essential. These documents not only provide the legal framework for the operation of a condo but also ensure that residents and the board have clear guidelines on their rights and responsibilities. Whether you're a new resident, a condo board member, or a property manager, it’s crucial to understand the four key governing documents that make up the foundation of condo governance.
Evan Holt, Condo Lawyer at Shibley Righton LLP, explains the purpose of each of these documents, from the overarching Condo Act to the specific rules tailored by individual condo corporations.
Let’s take a closer look at these governing pillars and explore how each one contributes to maintaining order and unity within a condo community.
The Four Pillars of Condo Governance and Their Roles
The Condo Act: The Supreme Law
At the heart of condo governance is the Condominium Act, a provincial law that sets the overarching legal framework for all condo corporations. It’s the document that ensures consistent standards across the province, establishing how condos should be managed and governed.
What makes the Condo Act particularly powerful is that it prevails over all other governing documents. If there’s ever a conflict between the Act and a declaration, bylaw, or rule, the Act takes precedence. Think of it as the "supreme law" of condo corporations, ensuring uniformity and fairness across all communities.
The Declaration: The Constitution of the Condo
The declaration is often referred to as the "Constitution" of the condo corporation. It sets out the foundational elements of how the condo operates, including the property’s legal boundaries and the rights and responsibilities of the residents. The declaration outlines essential details like ownership shares, the common elements, and restrictions on how units can be used.
Importantly, the declaration takes precedence over the bylaws and rules, making it the second most authoritative document after the Condo Act. It defines the individual standards and expectations for the condo, particularly around property rights and obligations.
3. Bylaws: The Organizational Blueprint
While the declaration establishes the framework, bylaws provide the procedural guidelines for the condo’s operations. Bylaws outline the governance structure, focusing on how the condo board operates, how elections are held, the duties of board members, and the procedures for passing resolutions.
Think of the bylaws as the rules for the rules. They provide the organizational framework for day-to-day operations, helping to ensure that the condo is managed in an efficient and effective manner. They are key to maintaining structure within the community and ensuring that the condo operates smoothly, both in terms of decision-making and governance.
4. Rules: The Day-to-Day Community Standards
Finally, rules govern the day-to-day operation of the condo and help maintain the quality of life for all residents. Rules are more specific and address the use of the property and the behavior of residents. They cover areas such as noise levels, pet policies, smoking restrictions, parking regulations, and more.
Unlike the declaration and bylaws, rules are generally easier to amend. However, they must meet a reasonableness standard — meaning they should serve the community without being unnecessarily restrictive. If a condo board creates a rule that, for example, restricts pets, it must be able to justify the reasonableness of the rule in the context of the overall community.
Further Resources: Condo Governance in Condos
Want even more helpful information and tios about condo governance? Check out our article How to Find Condo Bylaws: Your Key to Understanding Community Living, provides guidance on how to access and interpret bylaws for better condo living.
Want to read more relevant articles about records in condos? Check out these expert-written articles:
Our blog also offers a wealth of information on relevant condo law topics, making it a valuable resource for property managers and boards alike. Or, explore Stak’d, our library with over 10,000 hand-curated condo-related resources for additional summaries and tools, or dive deeper into our blog for more detailed discussions on topics that matter to you and your community.
Key Documents and Their Roles: In Conclusion
These four key documents — the Condo Act, Declaration, Bylaws, and Rules — are the backbone of condo governance. Each serves a distinct role, ensuring that the community operates according to a fair, consistent, and transparent system. Understanding the purpose and function of each of these governing documents is essential for everyone involved in condo living. Whether you’re managing a condo or simply living in one, having a firm grasp of these documents will help create a harmonious and well-organized community.
-Stratastic Inc.
P.S Need for consultations about condo governance? Reach out to the team at Shibley Righton, or find more condo lawyers on our vendor directory, My Condo Vendor.
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