Odours
Step 3: Solutions
Here’s what to do now that you’ve identified your issue.
What kind of issue do the documents have?
The declaration, by-laws and rules taken together make up your corporation’s governing documents. There are three main types of issues that these documents could have:
These documents form a hierarchy and must all be consistent with each other as well as the Condo Act. Some have standards of reasonableness that are defined in the Act.
- A condo corporation’s governing documents must be consistent with the Condo Act.
- A condo’s by-laws must also be reasonable and consistent with the declaration and the Act.
- A condo’s rules must also be reasonable and consistent with both the declaration and by-laws and the Act.
These documents form a hierarchy and must all be consistent with each other as well as the Condo Act. Some have standards of reasonableness that are defined in the Act.
- A condo corporation’s governing documents must be consistent with the Condo Act.
- A condo’s by-laws must also be reasonable and consistent with the declaration and the Act.
- A condo’s rules must also be reasonable and consistent with both the declaration and by-laws and the Act.
There are certain steps under the Condo Act that must be followed to change a condo’s declaration, by-laws or rules. If these steps are not followed, then the changes to the governing documents may not be valid or enforceable.
Contact your condo board
Start by contacting your board and management. They may agree with you about changing the governing documents.
If they don’t, you may also wish to seek legal advice from a paralegal or lawyer licensed by the Law Society of Ontario.
You may be interested in the Law Society Referral Service, which is an online service that connects people in need with licensed lawyers and paralegals. The service is free and you may receive up to a half-hour free consultation.
CAO cannot provide legal advice.
You can also send a templated letter if you are uncomfortable speaking to your board or if you have spoken to them and it has not worked. You will find templates at the bottom of this page. Make sure to keep copies of any letters you send them.