We have all seen mistakes in documents, newspapers or magazines – almost everywhere these days. We have probably mentally corrected these errors – replacing words that are missing, rearranging words that are out of place or even changing an affirmative statement to a negative statement where the intention is obvious.
Despite the best of intentions, similar errors can occur in condominium documents – no matter how often the document might be proof-read. But how should these errors be corrected? The Condominium Act, 1998 (the “Act”) allows an error or inconsistency that is apparent on the face of a declaration to be corrected by the Land Registrar. This correction is not effective until the amended declaration is registered.
What about obvious errors in condominium bylaws? Do such errors require the preparation of a new by-law and a meeting of the owners (to approve the by-law)?
In our view, clear or obvious errors in a by-law can be corrected without returning to the owners for another vote. A new by-law must of course be prepared and registered (in order to correct the error), but it’s our view that this can, and should, be done without a further vote of the owners.
Here’s our reasoning: A flawed or incorrect by-law does not reflect the true wishes of the owners (as already expressed by vote in favour of the by-law). So, our view is that a correcting by-law must be registered to reflect the vote that has already taken place.
What may qualify as an “obvious or clear error” will depend upon the particular circumstances.