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ARTICLE · 20 NOVEMBER 2020

Amending Bylaws By Ordinary Resolution: When Is A Conflict A Conflict?

I have been contacted by several condominium corporations regarding amending their bylaws to bring them into compliance with recent changes to Alberta's condominium legislation.

CanadaReal Estate and Construction

I have been contacted by several condominium corporations regarding amending their bylaws to bring them into compliance with recent changes to Alberta's condominium legislation. Along with the changes introduced in 2019 and 2020, the Legislature provided condominium corporations with the ability to amend bylaws that conflict with the revised legislation by way of an ordinary resolution:

Conflict with bylaws

34.1(1) If there is a conflict between a bylaw and this Act or the regulations, this Act or the regulations, as the case may be, prevail.

(2) Notwithstanding section 32(3), in order to bring the bylaws in conformity with this Act and the regulations, a corporation, no later than one year after the coming into force of this section, may by ordinary resolution amend any of its bylaws to ensure that its bylaws do not conflict with this Act or the regulations.

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