› Forums › By-laws and outlaws › When does a by-law change become enforceable? › Current Page
I ran this through an AI interface and this is what it said (and bear in mind that AI can get things wrong):
The new by-law prevails over the old one, even if the old one was never formally repealed. This is because the new by-law replaces the old one through a valid process, such as passing a special resolution and registering the change with the relevant authority. When a new by-law is introduced and properly registered, it becomes the operative rule, and the old one is considered superseded and inoperative.
How a new by-law takes precedence
Replacement: A new by-law effectively replaces an older one. If the new by-law is passed correctly, it makes the previous, inconsistent by-law invalid.
Registration: For a change to be valid, the new by-law, amendment, or repeal must be registered with the appropriate authority, such as the Land Titles Office.
Consolidation: The process of registering a new by-law often requires the creation of a consolidated set of all current by-laws. This consolidated version becomes the official and current set of rules for the strata scheme.
No explicit repeal needed: While a formal repeal is the clearest way to remove a by-law, it is not legally required. If a new by-law is created that contradicts an old one, the old by-law is automatically superseded. The registration of the new by-law serves to remove the old one from force.
Important considerations
Proper procedure: For a new by-law to take precedence, it must have been created through the correct and legal process, which typically involves a special resolution at a general meeting.
Registration is key: The change is only officially in effect once it has been registered. Without this registration, the change is not legally valid and the old by-law would remain in force.
That is all very impressive but the response quoted this passage from Kerin Benson lawyers which I think may be more reliable.
