A Special Provision about Passing Rules

The Condominium Act, 1998 (the “Act”) says that a proposed rule can be passed either by vote of the owners, or by resolution of the Board followed by a notice to the owners (unless a requisition for a meeting is made by owners within 30 days following the Board’s notice).

From time to time the same or successor condominium boards may propose a rule or an amendment to a rule which had been previously rejected or amended by the owners. Section 58(8) of the Act deals with that situation.

According to Section 58(8), if essentially the same rule has already been rejected or amended by the owners (within the previous two years), then the proposed ‘revisited’ rule or amendment must be approved at a meeting of owners. In other words, the ‘Board notice’ procedure described above is not available for these sorts of rules or amendments.

This situation arises from time to time, and is often misunderstood or overlooked by a condominium board that may be intent on passing a particular rule.