#82040
Jimmy-T
Keymaster

    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    The new by-law prevails over the old one, even if the old one was never formally repealed.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 When a new by-law is introduced and properly registered, it becomes the operative rule, and the old one is considered superseded and inoperative.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 If a new by-law is created that contradicts an old one, the old by-law is automatically superseded.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.

    If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.