Amending Bylaws By Ordinary Resolution: When Is A Conflict a Conflict?

This post discusses the ability of condominium corporations in Alberta to amend their bylaws by way of an ordinary resolution if they conflict with the Condominium Property Act or regulations. However, this can only be done if there is a true conflict, which is when a provision in the bylaws cannot coexist with a provision in the Act or regulations. Examples of true conflicts include notice requirements for general meetings and voting rights. Any other changes to the bylaws still require a special resolution to be approved. It is suggested that using the grandfathering provision is unnecessary and time-consuming, as the Act or regulations will prevail in an actual conflict.