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As per Section 58(1) of the Condominium Act,
1998 (the “Act”), the Board of Directors of a condominium corporation
has the authority to make rules governing the use of the common elements and
the unit with respect to safety, security or welfare of the owners and of the
property and assets of the corporation. Rules can also be made to prevent
unreasonable interference with the use and enjoyment of the common elements,
the units, and the assets of the corporation. Furthermore, as per section 58(2
of the Act, the rules must be reasonable and consistent with the Act, the
Declaration and By-laws. With these general considerations in mind, our
lawyers, Deacon, Spears, Fedson & Montizambert commented on the Rules and a
full revision was done in 2009.
In the event of subsequent changes,
rules come into effective 30 days after having been given notice of the Rules
to the Owners, provided that the Board does not receive a requisition from 15%
of the units who are listed in the record maintained by the corporation under
subsection 47(2) and are entitled to vote.
46(2) Form of requisition
– The requisition shall, (a) be in writing and be signed by the
requisitionists; (b) state the nature of the business to be presented at the
meeting; and (c) be delivered personally or by registered mail to the president
or secretary of the board or deposited at the address for service of the
corporation.
We trust that the owners will find the Rules &
Regulations reasonable and in the best interests of the majority of the
owners.
- Current Rules and Regulations
. Click here for a
copy.
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