Condominium law in Edmonton.

[PaulPoulsen]

One of the condo boards I sit on is looking to revised its bylaws. Part of this process will include passing a special resolution (or a series of special resolutions) where 75% of 75% of all owners will need to agree that these new bylaws will replace the old bylaws. It`s a fairly large complex with few owner occupied units and with owners from across North America so going door to door asking for signatures would be largely ineffective.

It`s my job to find a lawyer that can first help us restructure our bylaws and then acquire the necessary signatures. Can anyone recommend a particular lawyer or service in the Edmonton area that could complete such a task?

I`ve had a number of people recommend Victoria Archer at Gledhill Larocque (I`ve used her services in the past) but I`m looking for two more names that I can take back to the board.

Any advice or insight you may have would be greatly appreciated.

 

[gwasser]

QUOTE (PaulPoulsen @ Nov 30 2010, 01:05 AM) One of the condo boards I sit on is looking to revised its bylaws. Part of this process will include passing a special resolution (or a series of special resolutions) where 75% of 75% of all owners will need to agree that these new bylaws will replace the old bylaws. It`s a fairly large complex with few owner occupied units and with owners from across North America so going door to door asking for signatures would be largely ineffective.

It`s my job to find a lawyer that can first help us restructure our bylaws and then acquire the necessary signatures. Can anyone recommend a particular lawyer or service in the Edmonton area that could complete such a task?

I`ve had a number of people recommend Victoria Archer at Gledhill Larocque (I`ve used her services in the past) but I`m looking for two more names that I can take back to the board.

Any advice or insight you may have would be greatly appreciated.


Lawyers are very expensive. Special resolutions are a pain but you can send them in writing; also you could try to combine it with an AGM where the `by-law` change is proposed in its full form.

So, I would first formulate what you exactly wanted within the condo board. Only proceed if the consent is unanimous, because if one or two directors are against, chances are you won`t get 75% of the ownership to approve either. Only once you are sure the by-law changes will pass get the lawyer involved. Otherwise you get big bills and little to show for.

Condo Corps are powerful beast as is. Quite often they get make decisions or impose rules without changing the by-laws by simple board majority and if that doesn`t work by simple AGM majority. So avoid by-laws like the pest, because they are difficult to impose.


Hope this helps a bit. The last thing you want to occur is big useless lawyer bills.

 

[PaulPoulsen]

QUOTE (gwasser @ Nov 30 2010, 01:08 PM) Lawyers are very expensive. Special resolutions are a pain but you can send them in writing; also you could try to combine it with an AGM where the `by-law` change is proposed in its full form.

So, I would first formulate what you exactly wanted within the condo board. Only proceed if the consent is unanimous, because if one or two directors are against, chances are you won`t get 75% of the ownership to approve either. Only once you are sure the by-law changes will pass get the lawyer involved. Otherwise you get big bills and little to show for.

Condo Corps are powerful beast as is. Quite often they get make decisions or impose rules without changing the by-laws by simple board majority and if that doesn`t work by simple AGM majority. So avoid by-laws like the pest, because they are difficult to impose.


Hope this helps a bit. The last thing you want to occur is big useless lawyer bills.

All very true but unfortunately, we`re beyond that point. This has been an ongoing process for the past 18 months and there`s so little participation from owners that we`re left with no other option.

If, in spite of all your good advice, someone was determined to hire a lawyer to do this kind of work, is there anyone you could suggest?

 

[gwasser]

QUOTE (PaulPoulsen @ Nov 30 2010, 06:15 PM) All very true but unfortunately, we`re beyond that point. This has been an ongoing process for the past 18 months and there`s so little participation from owners that we`re left with no other option.

If, in spite of all your good advice, someone was determined to hire a lawyer to do this kind of work, is there anyone you could suggest?

Not really. The lawyers here in Calgary that we got involved with to do by-law changes were all very expensive and with ever slow and dissappointing results (one case was several years). If you want to change the by-laws there is no way around it, you need to have the support of your owners. That is what condo corps are all about.

If you feel the changes are essential then the only thing you can truly do is door knocking on doors to sell the changes and get the votes. Review your by-laws to see what the easiest way is to get the desired votes (some times there are different requirements when doing a special resolution in writing rather than on a AGM). Also, with AGM votes you could go after proxies to get your way.

In the end, a lawyer may help you to properly define a by-law change; but they cannot get you the required vote to adopt the change. For that you need the ownership support.

 

[brentdavies]

Don Kramer of Melynk and Company is a lawyer who only works for condo corps and has bylaw package ready to go. He is not cheap but....

 

[PaulPoulsen]

QUOTE (brentdavies @ Dec 1 2010, 10:01 AM) Don Kramer of Melynk and Company is a lawyer who only works for condo corps and has bylaw package ready to go. He is not cheap but....


Thanks Brent.

 

[tylerjames]

Hi Paul

I know York West just assisted Knottwood Estates where I own a property.

Good luck

Tyler

QUOTE (PaulPoulsen @ Nov 30 2010, 02:05 AM) One of the condo boards I sit on is looking to revised its bylaws. Part of this process will include passing a special resolution (or a series of special resolutions) where 75% of 75% of all owners will need to agree that these new bylaws will replace the old bylaws. It`s a fairly large complex with few owner occupied units and with owners from across North America so going door to door asking for signatures would be largely ineffective.

It`s my job to find a lawyer that can first help us restructure our bylaws and then acquire the necessary signatures. Can anyone recommend a particular lawyer or service in the Edmonton area that could complete such a task?

I`ve had a number of people recommend Victoria Archer at Gledhill Larocque (I`ve used her services in the past) but I`m looking for two more names that I can take back to the board.

Any advice or insight you may have would be greatly appreciated.