December 2024
If it has been more than ten years since your governing documents were reviewed, now is a good time to update them.
Many things have likely changed since your by-laws, declaration and rules were written. Unless they have been updated recently, there is a good chance they are in some ways outdated.
Laws have likely changed making language in these governing documents obsolete. Some regulations, policies or rules may be discriminatory even if not enforced. This can make it difficult for condo boards to make governance decisions without exposing them to liability, financial penalties and community conflict.
In the 1960s more people were willing to get involved in their communities, making it easier to find people to serve as directors or to attend annual general meetings. Today, fewer feel the need to attend meetings or serve as directors. Unless there is an issue that drives people to action, they usually just don’t care. Some condominium corporations may require higher numbers for quorum than is practical. Other aspects of these documents may make it difficult to attract sufficient interest in serving as a condo director and participate in meetings.
If there have been problems or misunderstandings because a declaration, by-law or rule is ambiguous or nonsensical, this is an indication that something needs to be changed.
Pets, disabilities and human rights legislation are areas where laws have changed making older governing documents outdated. Perspectives on what constitutes a family have changed creating more flexibility around who can reside in a unit.
Some condo boards feel it is more convenient and within their authority to selectively enforce or comply with their governing documents. This is a slippery slope that eventually leads to conflict, disputes and litigation. Updating and complying with governing documents is the best approach to peaceful and effective governance.
Many condominium corporations were incorporated decades ago and have never decided to revisit their governing documents allowing them to become outdated or obsolete. Revisiting them would be a good idea.
