Bylaws are based on the Condominium Property Act and they essentially create struc-ture for the day-to-day operation of the condominium corporation. The bylaws will address things like how the board will be elected, how meetings will be conducted, how the condo corporation is to operate and general guidelines for what owners can and cannot do.
You can obtain a copy of the bylaws from the realtor, the seller or the developer of the condominium. There are also several companies that will review your condo documentation. “They will go over the bylaws with you so that you are absolutely clear about what they entail,” says Kaechele.
The challenge with bylaws is this: some are ambiguous and most are subject to board policy. For example, the bylaws may state that pets are allowed. However, the board may have created a policy that stipulates owners may only have dogs and only one dog — and that the dog has to be less than 20 pounds.

Unlike bylaws changes, which are subject to approval by 75 per cent of the owners, board policies only require approval of the board. These policies can change and be made retroactive at any time. Policies can be created to address anything from renova-tions to Christmas decorations.

Policies are not stipulated in the bylaws, so before buying it is best to check with the management company regarding any policies that are in place for renovations, pets, noise — those sorts of things. “No hardwood floors is a fairly common one, especially in these condo conversions,” says Kaechele. “Some will stipulate that you can have them, but you have to use a certain type of sound proofing.”

When it comes to enforcing bylaws, the condo board of directors has full authority. Often the board will make a decision and then the management company will enforce it on behalf of the board. “Some corporations are extremely strict and others are very flexible,” says Kaechele. She says that there have been cases where owners have been asked to leave because of serious bylaw infractions. “You wouldn’t be asked to move because of one noise issue. Evicting an owner is a lengthy process and does require quite a bit of litigation.”

Normally, the condo board will enforce bylaw transgressions by issuing a fine to the homeowner. If the fine goes unpaid, the amount can be added to the owner’s condo fees. If it still remains unpaid, then after 90 days the board can stipulate that a caveat be filed against the property.

Kaechele stresses that a little bit of communication goes a long way and usually issues can be resolved long before any kind of formal action takes place. “If you live in a house and you have a problem with your neighbour, how do you deal with that? There is no board or property management company that will deal with it. You actually have to go and talk to your neighbour to resolve it,” she says.