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What must the board do before a rule change becomes effective?

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Reviewed all 2 documents, found 4 sections in 2 documents

Before a rule change becomes effective, the board must give written notice to all owners containing a copy of the rule, the proposed effective date, notice of the owners' right to requisition a meeting under section 46, and copies of sections 46 and 58 of the Act.

1.Section 58 of the Condominium Act, 1998 governs notice and effective dates for rules.

(5) The owners may amend or repeal a rule at a meeting of owners duly called for that purpose. 1998, c. 19, s. 58 (5).

Notice of rule

(6) Upon making, amending or repealing a rule, the board shall give a notice of it to the owners that includes,

(a)a copy of the rule as made, amended or repealed, as the case may be;

(b)a statement of the date that the board proposes that the rule will become effective;

(c)a statement that the owners have the right to requisition a meeting under section 46 and the rule becomes effective at the time determined by subsections (7) and (8); and

(d)a copy of the text of section 46 and this section. 1998, c. 19, s. 58 (6); 2015, c. 28, Sched. 1, s. 54 (2).

When rule effective

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Sets out the statutory notice requirements the board must provide to owners before a rule can become effective under section 58(6) of the Condominium Act, 1998.

Condominium_Act_1998_Ontario.pdf · p. 72

the time determined by subsections (7) and (8); and

(d)a copy of the text of section 46 and this section. 1998, c. 19, s. 58 (6); 2015, c. 28, Sched. 1, s. 54 (2).

When rule effective

(7) Subject to subsection (8), a rule is not effective until the following time:

1.If the board receives a requisition for a meeting of owners under section 46 within 30 days after the board has given notice of the rule to the owners, the earlier of,

i.the time at which a quorum is not present at the first attempt to hold the meeting, and

View full document

Specifies the waiting period and requisition conditions under section 58(7) before a rule becomes effective.

Condominium_Act_1998_Ontario.pdf · p. 72

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What must the board do before a rule change becomes effective?

Reviewed all 2 documents, found 4 sections in 2 documents

Before a rule change becomes effective, the board must give written notice to all owners containing a copy of the rule, the proposed effective date, notice of the owners' right to requisition a meeting under section 46, and copies of sections 46 and 58 of the Act.

1.Section 58 of the Condominium Act, 1998 governs notice and effective dates for rules.

(5) The owners may amend or repeal a rule at a meeting of owners duly called for that purpose. 1998, c. 19, s. 58 (5).

Notice of rule

(6) Upon making, amending or repealing a rule, the board shall give a notice of it to the owners that includes,

(a)a copy of the rule as made, amended or repealed, as the case may be;

(b)a statement of the date that the board proposes that the rule will become effective;

(c)a statement that the owners have the right to requisition a meeting under section 46 and the rule becomes effective at the time determined by subsections (7) and (8); and

(d)a copy of the text of section 46 and this section. 1998, c. 19, s. 58 (6); 2015, c. 28, Sched. 1, s. 54 (2).

When rule effective

View full document

Sets out the statutory notice requirements the board must provide to owners before a rule can become effective under section 58(6) of the Condominium Act, 1998.

Condominium_Act_1998_Ontario.pdf · p. 72

the time determined by subsections (7) and (8); and

(d)a copy of the text of section 46 and this section. 1998, c. 19, s. 58 (6); 2015, c. 28, Sched. 1, s. 54 (2).

When rule effective

(7) Subject to subsection (8), a rule is not effective until the following time:

1.If the board receives a requisition for a meeting of owners under section 46 within 30 days after the board has given notice of the rule to the owners, the earlier of,

i.the time at which a quorum is not present at the first attempt to hold the meeting, and

View full document

Specifies the waiting period and requisition conditions under section 58(7) before a rule becomes effective.

Condominium_Act_1998_Ontario.pdf · p. 72

2.Article XIII of By-Law No. 1 outlines the by-law procedure and notice requirements.

respecting the use of common elements and units, in order to promote the safety, security and welfare of the owners and of the property and assets of the Corporation, or for the purpose of preventing unreasonable interference with the use and enjoyment of the common elements, the units or the assets of the Corporation. Any rule made by the board shall be effective the day after the thirtieth (30^th) day after notice thereof has been given to each owner, unless the board is in receipt of a written requisition requiring a meeting of owners to consider the rules. If such a meeting of owners is required, then the rules shall become effective only at the earlier of: (i) the time at which a quorum is not present at the first attempt to hold the meeting, and (ii) the time at which a quorum is present at the first attempt to hold the meeting and the owners do not vote against the rule at said meeting. However, any rule or amendment that has substantially the same

13

purpose or effect as a rule previously amended or repealed within the preceding two years is not effective until the owners approve it, with or without amendment, at a meeting duly called for that purpose.

View full document

By-law Article XIII, Section 1 establishes the 30-day notice period and effective date conditions.

Steeple-Condo-Docs.pdf · pp. 76–77

Condominium_Act_1998_Ontario.pdf 72 of 144 Split Horizontally

Rules

58 (1) The board may make, amend or repeal rules respecting the use of the common elements and units or any of them to,

(a)promote the safety, security or welfare of the owners and of the property and the assets, if any, of the corporation; or

(b)prevent unreasonable interference with the use and enjoyment of the units, the common elements or the assets, if any, of the corporation. 2015, c. 28, Sched. 1, s. 54 (1).

Rules to be reasonable

(2) The rules shall be reasonable and consistent with this Act, the declaration and the by-laws. 1998, c. 19, s. 58 (2).

71

Same, proposed rules

(3) Rules proposed by the declarant before the registration of a declaration and description shall be reasonable and consistent with this Act, the proposed declaration and the proposed by-laws. 1998, c. 19, s. 58 (3).

Inconsistent provisions

(4) If any provision in a rule or a proposed rule is inconsistent with the provisions of this Act, the provisions of this Act shall prevail and the rule or proposed rule, as the case may be, shall be deemed to be amended accordingly. 1998, c. 19, s. 58 (4).

Amendment by owners

(5) The owners may amend or repeal a rule at a meeting of owners duly called for that purpose. 1998, c. 19, s. 58 (5).

Notice of rule

(6) Upon making, amending or repealing a rule, the board shall give a notice of it to the owners that includes,

(a)a copy of the rule as made, amended or repealed, as the case may be;

(b)a statement of the date that the board proposes that the rule will become effective;

(c)a statement that the owners have the right to requisition a meeting under section 46 and the rule becomes effective at the time determined by subsections (7) and (8); and

(d)a copy of the text of section 46 and this section. 1998, c. 19, s. 58 (6); 2015, c. 28, Sched. 1, s. 54 (2).

When rule effective

(7) Subject to subsection (8), a rule is not effective until the following time:

1.If the board receives a requisition for a meeting of owners under section 46 within 30 days after the board has given notice of the rule to the owners, the earlier of,

i.the time at which a quorum is not present at the first attempt to hold the meeting, and

ii.the time at which a quorum is present at the first attempt to hold the meeting and the owners do not vote against the rule at the meeting.

2.If the board does not receive a requisition for a meeting of owners under section 46 within the 30 days after the board has given notice of the rule to the owners, the day after that 30th day. 2015, c. 28, Sched. 1, s. 54 (3).

Same

(8) A rule or an amendment to a rule that has substantially the same purpose or effect as a rule that the owners have previously amended or repealed within the preceding two years is not effective until the owners approve it, with or without amendment, at a meeting duly called for that purpose. 1998, c. 19, s. 58 (8).

Same, proposed rule

(9) Despite subsection (7), a rule proposed by the declarant before the registration of the declaration and description shall be effective until it is replaced or confirmed by a rule of the corporation that takes effect in accordance with subsection (7). 1998, c. 19, s. 58 (9).

Compliance

(10) All persons bound by the rules shall comply with them and the rules may be enforced in the same manner as the by-laws. 1998, c. 19, s. 58 (10).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 54 (1-3) - 01/11/2017

Joint by-laws and rules

59 (1) The boards of two or more corporations may make, amend or repeal joint by-laws or rules governing the use and maintenance of shared facilities and services. 1998, c. 19, s. 59 (1).

72

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What must the board do before a rule change becomes effective?

Reviewed all 2 documents, found 4 sections in 2 documents

Before a rule change becomes effective, the board must give written notice to all owners containing a copy of the rule, the proposed effective date, notice of the owners' right to requisition a meeting under section 46, and copies of sections 46 and 58 of the Act.

1.Section 58 of the Condominium Act, 1998 governs notice and effective dates for rules.

(5) The owners may amend or repeal a rule at a meeting of owners duly called for that purpose. 1998, c. 19, s. 58 (5).

Notice of rule

(6) Upon making, amending or repealing a rule, the board shall give a notice of it to the owners that includes,

(a)a copy of the rule as made, amended or repealed, as the case may be;

(b)a statement of the date that the board proposes that the rule will become effective;

(c)a statement that the owners have the right to requisition a meeting under section 46 and the rule becomes effective at the time determined by subsections (7) and (8); and

(d)a copy of the text of section 46 and this section. 1998, c. 19, s. 58 (6); 2015, c. 28, Sched. 1, s. 54 (2).

When rule effective

View full document View in Split

Sets out the statutory notice requirements the board must provide to owners before a rule can become effective under section 58(6) of the Condominium Act, 1998.

Condominium_Act_1998_Ontario.pdf · p. 72

the time determined by subsections (7) and (8); and

(d)a copy of the text of section 46 and this section. 1998, c. 19, s. 58 (6); 2015, c. 28, Sched. 1, s. 54 (2).

When rule effective

(7) Subject to subsection (8), a rule is not effective until the following time:

1.If the board receives a requisition for a meeting of owners under section 46 within 30 days after the board has given notice of the rule to the owners, the earlier of,

i.the time at which a quorum is not present at the first attempt to hold the meeting, and

View full document View in Split

Specifies the waiting period and requisition conditions under section 58(7) before a rule becomes effective.

Condominium_Act_1998_Ontario.pdf · p. 72

2.Article XIII of By-Law No. 1 outlines the by-law procedure and notice requirements.

respecting the use of common elements and units, in order to promote the safety, security and welfare of the owners and of the property and assets of the Corporation, or for the purpose of preventing unreasonable interference with the use and enjoyment of the common elements, the units or the assets of the Corporation. Any rule made by the board shall be effective the day after the thirtieth (30^th) day after notice thereof has been given to each owner, unless the board is in receipt of a written requisition requiring a meeting of owners to consider the rules. If such a meeting of owners is required, then the rules shall become effective only at the earlier of: (i) the time at which a quorum is not present at the first attempt to hold the meeting, and (ii) the time at which a quorum is present at the first attempt to hold the meeting and the owners do not vote against the rule at said meeting. However, any rule or amendment that has substantially the same

13

purpose or effect as a rule previously amended or repealed within the preceding two years is not effective until the owners approve it, with or without amendment, at a meeting duly called for that purpose.

View full document View in Split

By-law Article XIII, Section 1 establishes the 30-day notice period and effective date conditions.

Steeple-Condo-Docs.pdf · pp. 76–77

Condominium_Act_1998_Ontario.pdf 72 of 144 Split Horizontally

Rules

58 (1) The board may make, amend or repeal rules respecting the use of the common elements and units or any of them to,

(a)promote the safety, security or welfare of the owners and of the property and the assets, if any, of the corporation; or

(b)prevent unreasonable interference with the use and enjoyment of the units, the common elements or the assets, if any, of the corporation. 2015, c. 28, Sched. 1, s. 54 (1).

Rules to be reasonable

(2) The rules shall be reasonable and consistent with this Act, the declaration and the by-laws. 1998, c. 19, s. 58 (2).

71

Same, proposed rules

(3) Rules proposed by the declarant before the registration of a declaration and description shall be reasonable and consistent with this Act, the proposed declaration and the proposed by-laws. 1998, c. 19, s. 58 (3).

Inconsistent provisions

(4) If any provision in a rule or a proposed rule is inconsistent with the provisions of this Act, the provisions of this Act shall prevail and the rule or proposed rule, as the case may be, shall be deemed to be amended accordingly. 1998, c. 19, s. 58 (4).

Amendment by owners

(5) The owners may amend or repeal a rule at a meeting of owners duly called for that purpose. 1998, c. 19, s. 58 (5).

Notice of rule

(6) Upon making, amending or repealing a rule, the board shall give a notice of it to the owners that includes,

(a)a copy of the rule as made, amended or repealed, as the case may be;

(b)a statement of the date that the board proposes that the rule will become effective;

(c)a statement that the owners have the right to requisition a meeting under section 46 and the rule becomes effective at the time determined by subsections (7) and (8); and

(d)a copy of the text of section 46 and this section. 1998, c. 19, s. 58 (6); 2015, c. 28, Sched. 1, s. 54 (2).

When rule effective

(7) Subject to subsection (8), a rule is not effective until the following time:

1.If the board receives a requisition for a meeting of owners under section 46 within 30 days after the board has given notice of the rule to the owners, the earlier of,

i.the time at which a quorum is not present at the first attempt to hold the meeting, and

ii.the time at which a quorum is present at the first attempt to hold the meeting and the owners do not vote against the rule at the meeting.

2.If the board does not receive a requisition for a meeting of owners under section 46 within the 30 days after the board has given notice of the rule to the owners, the day after that 30th day. 2015, c. 28, Sched. 1, s. 54 (3).

Same

(8) A rule or an amendment to a rule that has substantially the same purpose or effect as a rule that the owners have previously amended or repealed within the preceding two years is not effective until the owners approve it, with or without amendment, at a meeting duly called for that purpose. 1998, c. 19, s. 58 (8).

Same, proposed rule

(9) Despite subsection (7), a rule proposed by the declarant before the registration of the declaration and description shall be effective until it is replaced or confirmed by a rule of the corporation that takes effect in accordance with subsection (7). 1998, c. 19, s. 58 (9).

Compliance

(10) All persons bound by the rules shall comply with them and the rules may be enforced in the same manner as the by-laws. 1998, c. 19, s. 58 (10).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 54 (1-3) - 01/11/2017

Joint by-laws and rules

59 (1) The boards of two or more corporations may make, amend or repeal joint by-laws or rules governing the use and maintenance of shared facilities and services. 1998, c. 19, s. 59 (1).

72

Condominium_Act_1998_Ontario.pdf 72 of 144 Split Horizontally

Rules

58 (1) The board may make, amend or repeal rules respecting the use of the common elements and units or any of them to,

(a)promote the safety, security or welfare of the owners and of the property and the assets, if any, of the corporation; or

(b)prevent unreasonable interference with the use and enjoyment of the units, the common elements or the assets, if any, of the corporation. 2015, c. 28, Sched. 1, s. 54 (1).

Rules to be reasonable

(2) The rules shall be reasonable and consistent with this Act, the declaration and the by-laws. 1998, c. 19, s. 58 (2).

71

Same, proposed rules

(3) Rules proposed by the declarant before the registration of a declaration and description shall be reasonable and consistent with this Act, the proposed declaration and the proposed by-laws. 1998, c. 19, s. 58 (3).

Inconsistent provisions

(4) If any provision in a rule or a proposed rule is inconsistent with the provisions of this Act, the provisions of this Act shall prevail and the rule or proposed rule, as the case may be, shall be deemed to be amended accordingly. 1998, c. 19, s. 58 (4).

Amendment by owners

(5) The owners may amend or repeal a rule at a meeting of owners duly called for that purpose. 1998, c. 19, s. 58 (5).

Notice of rule

(6) Upon making, amending or repealing a rule, the board shall give a notice of it to the owners that includes,

(a)a copy of the rule as made, amended or repealed, as the case may be;

(b)a statement of the date that the board proposes that the rule will become effective;

(c)a statement that the owners have the right to requisition a meeting under section 46 and the rule becomes effective at the time determined by subsections (7) and (8); and

(d)a copy of the text of section 46 and this section. 1998, c. 19, s. 58 (6); 2015, c. 28, Sched. 1, s. 54 (2).

When rule effective

(7) Subject to subsection (8), a rule is not effective until the following time:

1.If the board receives a requisition for a meeting of owners under section 46 within 30 days after the board has given notice of the rule to the owners, the earlier of,

i.the time at which a quorum is not present at the first attempt to hold the meeting, and

ii.the time at which a quorum is present at the first attempt to hold the meeting and the owners do not vote against the rule at the meeting.

2.If the board does not receive a requisition for a meeting of owners under section 46 within the 30 days after the board has given notice of the rule to the owners, the day after that 30th day. 2015, c. 28, Sched. 1, s. 54 (3).

Same

(8) A rule or an amendment to a rule that has substantially the same purpose or effect as a rule that the owners have previously amended or repealed within the preceding two years is not effective until the owners approve it, with or without amendment, at a meeting duly called for that purpose. 1998, c. 19, s. 58 (8).

Same, proposed rule

(9) Despite subsection (7), a rule proposed by the declarant before the registration of the declaration and description shall be effective until it is replaced or confirmed by a rule of the corporation that takes effect in accordance with subsection (7). 1998, c. 19, s. 58 (9).

Compliance

(10) All persons bound by the rules shall comply with them and the rules may be enforced in the same manner as the by-laws. 1998, c. 19, s. 58 (10).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 54 (1-3) - 01/11/2017

Joint by-laws and rules

59 (1) The boards of two or more corporations may make, amend or repeal joint by-laws or rules governing the use and maintenance of shared facilities and services. 1998, c. 19, s. 59 (1).

72

2.Notice of Default: The board, when giving notice of default in payment of common expenses or any other default to the owner of the unit, shall concurrently send a copy of such notice to each registered mortgagee of such unit who has requested that such notices be sent to him.

3.Notice of Lien: Where a lien for arrears of common expenses arises in favour of the Corporation pursuant to s.85(1) of the Act, the Corporation shall, on or before the day a notice of lien is registered, give notice of the lien to every encumbrancer whose encumbrance is registered against the title of the unit, by personal service of the notice or by sending the notice by registered prepaid post addressed to the encumbrancer at his last known address.

ARTICLE XIII

HOUSE RULES

1.Rules Governing the Use of Units and Common Elements: The board may make rules respecting the use of common elements and units, in order to promote the safety, security and welfare of the owners and of the property and assets of the Corporation, or for the purpose of preventing unreasonable interference with the use and enjoyment of the common elements, the units or the assets of the Corporation. Any rule made by the board shall be effective the day after the thirtieth (30^th) day after notice thereof has been given to each owner, unless the board is in receipt of a written requisition requiring a meeting of owners to consider the rules. If such a meeting of owners is required, then the rules shall become effective only at the earlier of: (i) the time at which a quorum is not present at the first attempt to hold the meeting, and (ii) the time at which a quorum is present at the first attempt to hold the meeting and the owners do not vote against the rule at said meeting. However, any rule or amendment that has substantially the same

13

purpose or effect as a rule previously amended or repealed within the preceding two years is not effective until the owners approve it, with or without amendment, at a meeting duly called for that purpose.

14

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