Declaration & By-Laws
Together, the Declaration and By-Laws set out the legal framework under which the owners and residents of the Stately Way community operate. The Declaration and By-Laws establish the rules that together promote the safety, security, and welfare of owners; the use and upkeep of the property; and protect the assets of the Corporation.
The Declaration is the fundamental governing document of the Condominium. It deals with such issues as the definition of the boundaries of the units and the common elements, the duties of the Corporation, use of the units, the making of by-laws and rules, common expenses, maintenance and repairs, alterations, and the provision for the making by-laws and rules. The Declaration is limited only by the provisions of the Condominium Act. The Declaration may only be amended with the written consent of 80 or 90 % of the unit owners, depending on the nature of the amendment.
By laws are enacted at meetings of members, and are subject to the provisions of the Declaration. The By-laws specify in greater detail the provisions of the Declaration. By-laws are enacted by the Board and must be approved by 50% of the unit owners before they can take effect.
Rules are enacted by the Board of Directors from time to time and are subject to the provisions of the Declaration and By-laws. Rules are enacted to deal with issues that arise from time to time. The practice of the Board is to enact rules only when necessary to protect the assets of the Corporation, the use of the Common elements and ensure the rights of unit owners to the quiet enjoyment of their units, exclusive use common elements and the common elements.