Condo bylaws, administrator and owners' meeting: what to read before buying

What are the condominium bylaws?

The bylaws are, in a sense, the condominium's internal constitution. They are generally part of the documents that set up the regime and are registered with it (see the condominium regime). Among other things, they set:

• each unit's share of the common areas and of the costs;
• the permitted use of the units and the common areas;
• how the owners' meeting is called and how decisions are made;
• the role and appointment of the administrator.

When you buy, you are bound by the bylaws in force, even if you have not read them. So it is better to read them before signing, not after.

Who does what

Routine decisions are usually taken by majority. The most important ones, such as amending the bylaws or altering the common areas, generally require a qualified majority, as provided by the law and the bylaws themselves.

Why it matters

The bylaws shape how you can actually use your unit. If you plan to rent it out, carry out works or live with pets, a single clause can change your plans. The minutes, for their part, show what is really happening in the condominium: works that have been approved, disputes between owners, disagreements with the developer, unpaid fees or court cases.

Documents to read

1. The bylaws in force and any amendments. Check that the version you are given is the one that applies.
2. The minutes of recent meetings, both ordinary and extraordinary.
3. The budget for the current year and the latest account statement.
4. The house rules adopted by the owners' meeting (quiet hours, pool, visitors, moving in and out).
5. The administrator's appointment and contract, if there is one.

Use restrictions to check

• Short-term rentals: allowed, limited, subject to conditions (guest registration, reception, a specific fee) or banned.
• Works inside the unit: prior approval, permitted hours, required professionals.
• Facades, terraces and windows: enclosures, colours, awnings, visible air-conditioning units.
• Pets: allowed, limited or banned.
• Commercial or office use of the unit.
• Parking and visitors: allocation, use by tenants.
• Noise, pool and common areas: hours and rules of use.

Questions to ask the seller or the administrator

• Are short-term rentals allowed? Under what conditions?
• Have any works been approved or are any under discussion? How will they be funded?
• Are there disputes between owners, with the developer, or any pending court cases?
• Who is the administrator, since when, and how can they be reached?
• Are meetings held regularly? Can you give me the latest minutes?

Common pitfalls

• Relying on the listing or a conversation. "Renting is no problem" is no substitute for reading the bylaws and the minutes.
• Reading an outdated version of the bylaws.
• Overlooking the house rules, which are sometimes stricter than the bylaws themselves.
• A condominium with no real meetings, controlled in practice by the developer or a handful of owners.
• Discovering after the purchase that major works were approved before you arrived (see fees and reserve fund).

Every condominium has its own rules. Only a review of the specific file by a professional can lead to a conclusion, and your lawyer can confirm the scope of each clause.

How we can help

In our condominium audit, we read the bylaws, the minutes and the accounts, and we point out the restrictions and issues that matter for your plans: living there, renting or renovating. For the full set of checks, see what to check before buying an apartment.

Request a check.