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Condominium Corporation Bylaws (Ontario / Alberta)

Condominium Corporation Bylaws (Ontario / Alberta)

Condominium Act, 1998 (ON) / Condominium Property Act (AB)

BY-LAWS OF Corporation Name

Corporation Number

Property Address

Province of [Province]

Adopted: Bylaws Date

These By-Laws are made pursuant to the Condominium Act, 1998 (Ontario), S.O. 1998, c. 19 (Ontario) / the Condominium Property Act, R.S.A. 2000, c. C-22 (Alberta), and govern the administration, management, and use of the condominium property.

ARTICLE 1 — DEFINITIONS

1.1 In these By-Laws:

  • "Act" means the Condominium Act, 1998, S.O. 1998, c. 19 (if Ontario) or the Condominium Property Act, R.S.A. 2000, c. C-22 (if Alberta), as amended from time to time;
  • "Board" means the board of directors of the Corporation;
  • "Common Elements" means the portions of the property not included in any unit;
  • "Common Expenses" means the expenses of the performance of the objects and duties of the Corporation and includes expenses specified as common expenses in the Act;
  • "Corporation" means Corporation Name;
  • "Declaration" means the declaration registered against the property;
  • "Owner" means the owner of a unit and includes a mortgagee in possession;
  • "Property Manager" means any property management company retained by the Board to manage the property;
  • "Unit" means a unit as described in the Declaration and the description.

ARTICLE 2 — BOARD OF DIRECTORS

2.1 Number of Directors. The Board shall consist of [Board Size] directors.

2.2 Term. Each director shall hold office for a term of [Director Term Years] year(s), subject to earlier removal by the owners or resignation.

2.3 Qualifications. A director must be an individual of the age of majority and must not be an undischarged bankrupt. In Ontario, at least one director must be an owner or spouse of an owner unless the Act provides otherwise.

2.4 Quorum. A majority of the directors then in office constitutes a quorum for the transaction of business.

2.5 Powers. The Board shall manage the property and affairs of the Corporation and may exercise all powers of the Corporation except those required by the Act, the Declaration, or these By-Laws to be exercised by the owners at a meeting.

ARTICLE 3 — OWNERS' MEETINGS

3.1 Annual General Meeting (AGM). The Corporation shall hold an annual general meeting of owners within the time period required by the Act after the end of each fiscal year of the Corporation.

3.2 Notice. Notice of an owners' meeting shall be given at least [Agm Notice] days before the date of the meeting. Notice shall be delivered to each owner and shall specify the date, time, place, and general nature of the business to be transacted.

3.3 Quorum. A quorum for an owners' meeting requires the presence in person or by proxy of owners of at least [Quorum Percentage] of the units. If quorum is not achieved, the meeting may be adjourned.

3.4 Voting. Each unit shall carry one (1) vote, unless the Declaration provides for weighted voting. Voting shall be by show of hands unless a poll is demanded by any owner entitled to vote.

ARTICLE 4 — COMMON EXPENSES AND ASSESSMENTS

4.1 Common Expenses. Each owner is obligated to contribute to the common expenses of the Corporation in the proportions set out in the Declaration. Common expenses are due and payable on the [Common Expense Due Date].

4.2 Late Payment. If an owner fails to pay common expenses when due, interest shall accrue on the outstanding amount at the rate of Late Payment Interest% per annum, calculated daily and compounded monthly, from the due date until the date of payment.

4.3 Special Assessments. The Board may levy a special assessment against owners in accordance with the Act to meet extraordinary or unforeseen expenses of the Corporation. Special assessments shall be payable in the manner and within the timeframe specified by the Board.

4.4 Reserve Fund. The Corporation shall maintain a reserve fund in accordance with the Act and applicable regulations. The reserve fund shall be used exclusively for major repair and replacement of the common elements and assets of the Corporation.

ARTICLE 5 — RULES OF CONDUCT

5.1 Compliance. Every owner and occupant must comply with the Act, the Declaration, these By-Laws, and any rules made by the Board (collectively, the "Governing Documents").

5.2 Nuisance. No owner or occupant shall use their unit or the common elements in a manner that creates a nuisance, causes unreasonable noise or odour, or interferes with the comfort or enjoyment of other owners or occupants.

5.3 Pets. [Pet Policy].

5.4 Parking. Parking Policy

5.5 Alterations. [Alterations Policy]. All alterations must be completed by licensed contractors and in compliance with all applicable building codes and regulations.

5.6 Garbage and Recycling. Owners and occupants shall comply with the waste management procedures established by the Corporation, including designated disposal areas, permitted containers, and pick-up schedules.

ARTICLE 6 — PROPERTY MANAGEMENT

6.1 Property Manager. The Board may retain a property manager to manage the day-to-day operations of the Corporation. The property manager (if any) is: Property Manager Name.

6.2 Authority of Property Manager. The property manager shall act as agent of the Corporation within the scope of authority delegated by the Board. The property manager shall not bind the Corporation beyond the limits of the delegation.

ARTICLE 7 — INSURANCE

7.1 Corporation Insurance. The Corporation shall obtain and maintain insurance on the units and common elements against major perils as required by the Act and in amounts sufficient to cover the full replacement value of the insured property.

7.2 Owner Insurance. Owners are encouraged to obtain insurance covering their personal property, improvements and betterments made to the unit, and personal liability. The Corporation's insurance does not cover owners' personal property.

ARTICLE 8 — ENFORCEMENT

8.1 Compliance Orders. The Corporation may apply to the Superior Court of Justice (Ontario) or the Court of King's Bench (Alberta) for an order directing compliance with the Governing Documents. Costs of enforcement, including legal fees, may be charged to the non-compliant owner as a common expense.

8.2 Mediation and Arbitration. Disputes between owners and the Corporation, or between owners, shall first be submitted to mediation in accordance with the Act before legal proceedings are commenced, where required by the Act.

ARTICLE 9 — AMENDMENT OF BY-LAWS

9.1 Amendment. These By-Laws may be amended by a resolution passed at a duly called owners' meeting by owners of at least 66⅔% of the units (Ontario) or as required by the Condominium Property Act (Alberta), provided that proper notice of the proposed amendment has been given.

9.2 Registration. No amendment to these By-Laws shall be effective until it has been registered in the appropriate land registry office in accordance with the Act.

CERTIFICATION

These By-Laws were duly adopted by Corporation Name on Bylaws Date.

President: _______________________________ Date: _______________

Secretary: _______________________________ Date: _______________

Note: These By-Laws must be reviewed by a lawyer licensed to practise in [Province] before adoption and must be registered in the applicable land registry office to be effective.

Board President

________________

Signature

Date: ________________

Board Secretary

________________

Signature

Date: ________________

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What Is a Condominium Corporation Bylaws (Ontario / Alberta)?

A Condominium Corporation Bylaws in Canada sets the governance rules of a condominium corporation, binding the corporation, board, and unit owners, governed primarily by provincial condominium legislation.

In Ontario, condominium corporations are governed by the Condominium Act, 1998, S.O. 1998, c. 19 (the "Act") and its regulations, including O. Reg. 48/01 (reserve funds), O. Reg. 49/01 (performance audits), O. Reg. 377/17 (insurance), and others. Every Ontario condominium corporation must have bylaws, and those bylaws, once adopted by the required majority of owners and registered at the land registry office, bind every owner and occupant of every unit in the complex, including purchasers who acquire units after the bylaws are registered.

In Alberta, condominium corporations are governed by the Condominium Property Act, R.S.A. 2000, c. C-22 and the Condominium Property Regulation, Alta. Reg. 168/2000. The structure and content requirements for Alberta condominium bylaws differ in some respects from Ontario, and the applicable percentage for bylaw amendments, dispute resolution procedures, and reserve fund requirements should be confirmed with a lawyer licensed to practise in Alberta.

The legal framework governing the Condominium Corporation Bylaws (Ontario / Alberta) in Canada draws on several key statutes and regulatory bodies. Under provincial residential tenancies legislation — including Ontario's Residential Tenancies Act 2006 and British Columbia's Residential Tenancy Act (SBC 2002) — the Landlord and Tenant Board (Ontario) or Residential Tenancy Branch (BC) adjudicates disputes. The Land Title Act governs property registration through provincial land title offices. The Canada Revenue Agency (CRA) administers the non-resident property tax and GST/HST on real estate transactions. Parties executing a Condominium Corporation Bylaws (Ontario / Alberta) in Canada should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Provincial Real Property Acts sets the foundational requirements.

When Do You Need a Condominium Corporation Bylaws (Ontario / Alberta)?

Condominium corporation bylaws are needed at every stage of a condominium corporation's lifecycle. New condominium corporations in Ontario and Alberta must adopt bylaws either before the first AGM or at the first AGM after the condominium is registered. In Ontario, the developer often provides initial bylaws as part of the disclosure statement delivered to buyers before closing. These initial bylaws may be replaced or amended by the owners after they elect the first owner-controlled board.

Existing condominium corporations need to update or replace their bylaws when: the existing bylaws are outdated and do not reflect current governance standard practices; the Act or regulations have been amended and the bylaws need to be brought into compliance; the board wishes to implement new policies that require bylaw authority (such as a short-term rental restriction); or the board is experiencing enforcement challenges because the existing bylaws are ambiguous or inadequate.

Condominium corporations undergoing a major transition — such as a merger with an adjacent corporation, a significant change in the composition of the board, or a dispute with a property management company — may also need to review and update their bylaws. Given the complexity of the Act and the consequences of non-compliant bylaws, it is strongly recommended that any new or amended bylaws be reviewed by a lawyer specializing in condominium law in the applicable province before they are submitted to owners for approval.

Parties in Canada should prepare a Condominium Corporation Bylaws (Ontario / Alberta) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under provincial residential tenancies legislation — including Ontario's Residential Tenancies Act 2006 and British Columbia's Residential Tenancy Act (SBC 2002) — the Landlord and Tenant Board (Ontario) or Residential Tenancy Branch (BC) adjudicates disputes. The Land Title Act governs property registration through provincial land title offices. The Canada Revenue Agency (CRA) administers the non-resident property tax and GST/HST on real estate transactions. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

What to Include in Your Condominium Corporation Bylaws (Ontario / Alberta)

Well-drafted condominium corporation bylaws must address all of the matters prescribed or permitted by the Condominium Act, 1998 (Ontario) or the Condominium Property Act (Alberta), as well as the specific governance needs of the particular corporation. The essential elements of thorough condominium bylaws include: the composition, qualifications, term, and powers of the board of directors; the procedures for board elections and the removal of directors; the notice requirements, quorum, and voting procedures for owners' meetings; the right of owners to exercise proxies; the financial management of the corporation, including the collection of common expenses, special assessments, and the maintenance of the reserve fund; the insurance obligations of the corporation and owners; the rules governing the use of units and common elements, including pet policies, parking, noise, alterations, and short-term rentals; maintenance and repair obligations of the corporation versus owners; and dispute resolution and enforcement mechanisms.

Of particular importance is the reserve fund provision. Under s.93 of the Condominium Act, 1998 (Ontario) and O. Reg. 48/01, every Ontario condominium corporation must maintain a reserve fund for major repairs and replacements, must conduct a reserve fund study at least every 3 years, and must update its reserve fund plan accordingly. The bylaws should set out the reserve fund governance framework in a manner that complies with these statutory requirements.

All bylaws must comply with the mandatory provisions of the applicable Act — bylaws cannot override the Act. Before adopting or amending bylaws, the board should obtain a legal opinion from a condominium law specialist to confirm compliance and identify any mandatory provisions that have been omitted or any bylaw provisions that conflict with the Act.

Additional compliance elements for a Condominium Corporation Bylaws (Ontario / Alberta) used in Canada include: Under provincial residential tenancies legislation — including Ontario's Residential Tenancies Act 2006 and British Columbia's Residential Tenancy Act (SBC 2002) — the Landlord and Tenant Board (Ontario) or Residential Tenancy Branch (BC) adjudicates disputes. The Land Title Act governs property registration through provincial land title offices. The Canada Revenue Agency (CRA) administers the non-resident property tax and GST/HST on real estate transactions. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.

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APA

Forms Legal. (2026). Condominium Corporation Bylaws (Ontario / Alberta) (Canada) [Legal document template]. Forms Legal. https://forms-legal.com/canada/real-estate/property/condominium-corporation-bylaws-ontario-alberta

MLA

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BibTeX
@misc{formslegal-condominium-corporation-bylaws-ontario-alberta,
  author       = {{Forms Legal}},
  title        = {Condominium Corporation Bylaws (Ontario / Alberta) (Canada)},
  year         = {2026},
  howpublished = {\url{https://forms-legal.com/canada/real-estate/property/condominium-corporation-bylaws-ontario-alberta}},
  note         = {Free legal document template. Based on Provincial Real Property Acts}
}

Frequently Asked Questions

Based on Provincial Real Property Acts — Template last modified June 2026

This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer

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