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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36226
Experience:  16 years real estate, Realtor. Landlord 26 years
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Is it possible to change generic by-law after a bid as been

Customer Question

Is it possible to change generic by-law after a bid as been made to own condo but rent out?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is it possible to change generic by-law after a bid as been made to own condo but rent out?

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Any Bylaw can be changed, but it requires a vote of the members who vote to change it and meet the percentage stated in the Bylaws for approval to change it. So if the Bylaws state that it takes 75% of owners to vote to change a Bylaw, that is what has to happen.

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But if you are asking if judicially you could sue to force them to allow rentals if there is a restriction in place already, then the answer is likely no. If there was a restriction in place when the property was purchased, the buyer explicitly agrees to those restrictions when they purchase and would have no legal grounds to later sue to try to change them to benefit themselves if the majority of owners didn't want rentals.

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Associations are like mini-governments and they are governed by the Bylaws and CCRs and anyone who buys in is agreeing to be bound by those rules and the majority rule set out in the Bylaws.

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thanks

Barrister

Customer: replied 11 months ago.
The owner got a bid and accepted with the understanding that she could rent property since she received a copy of generic by-laws.
Expert:  Barrister replied 11 months ago.

Do you mean an offer was made to purchase the property?

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And the buyer did so without seeing the actual Bylaws for the Association?

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And that the buyer assumed that they could use it for a rental, but didn't actually inquire further with the Board?

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thanks

Barrister

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