Management regulations: what about it?

The board of directors is considering voting on a regulation to limit the number of swimmers in the pool and to prohibit the presence of dogs in the grassy areas of the common portions. Question: Would it be possible to implement it immediately? It is important to note that this regulation was proposed in response to numerous complaints regarding noise and safety. Additionally, several co-owners have expressed concerns about the cleanliness and hygiene of the common portions. This regulation will, of course, be submitted for a vote at our next annual co-owners' meeting.

Answer: The Board of Directors may adopt and promulgate management by-laws, unless they are ratified by the members at the next meeting. This type of regulation determines the terms and conditions relating to the day-to-day management of the co-ownership (e.g. the rules dealing with the opening hours of the pool). It comes into force as soon as it is adopted by the board of directors and remains valid as long as it is ratified by the co-owners at the following meeting.  

However, such a by-law should not be confused with an amendment to the By-law of the immovable, the purpose of which would be to prohibit the presence of dogs in the immovable. Any by-law intended to enact rules on the enjoyment, use and maintenance of the private and common portions, and those on the operation and administration of the co-ownership, is part of the building by-law and may be adopted only by the meeting of co-owners.  Remember that an amendment to the building by-laws usually takes place at a meeting of co-owners. The latter shall receive a notice of convening that meeting, accompanied by the agenda announcing the draft act of amendment and the act itself. These changes may be initiated by the board of directors or by a co-owner by means of a request for modification to the agenda within five days of its receipt.

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