Bylaws vs. Condominium Declaration: understand the differences

What is the Condominium Declaration

The condominium declaration is the fundamental document that creates and regulates the condominium. It is recorded with the property records, has the force of law among unit owners, and establishes the structural rules of the community.

Think of the declaration as the Constitution of the condominium: it defines the rights and duties of residents, the form of administration, common areas, reserve funds, and how assemblies function.

Main characteristics of the declaration:

• Recorded with property records (official document)
• Mandatory by law
• Difficult to amend (requires supermajority)
• Binds all unit owners, occupants, and heirs
• Defines basic and permanent rules

What are Bylaws

Bylaws are a complementary document that details how the rules of the declaration will be operationalized on a day-to-day basis. They are a procedures manual that facilitates cohabitation and community administration.

If the declaration is the supreme law, bylaws are the regulations that execute it. They organize practical aspects: hours for common area use, procedures for requests, noise standards, guest policies, pet rules, and more.

Main characteristics of bylaws:

• Not recorded with property records
• Administrative and operational document
• Easier to amend (simple majority generally)
• Details procedures and routines
• Complements but never replaces the declaration

Which Prevails: Declaration or Bylaws?

In case of conflict, the declaration always prevails.

Bylaws are subordinate to the declaration. If a bylaw rule contradicts the declaration, the declaration's rule applies. If the contradiction is clear, the bylaw clause is void.

Therefore, before approving bylaws at an assembly, it is essential to review whether they align with the declaration. Legal counsel specializing in condominium law can be valuable in this review.

Differences in Approval and Amendment

Condominium Declaration

Amending more complex provisions requires a supermajority, usually 2/3 of unit owners present. Some amendments may require even greater consensus. The process is deliberate and formal because it affects the very foundation of the condominium.

Bylaws

Can be amended with a simple majority (50% + 1 of votes), as authorized at the assembly. The process is more agile because bylaws are flexible and aim to adapt to the evolving needs of the condominium.

This difference in rigor reflects the weight of each document: the declaration is structural; bylaws are operational.

When You Need Each One

Use the declaration for:

• Defining essential rights and obligations
• Establishing how administration functions
• Regulating common areas
• Addressing structural safety matters
• Defining charges and assessments

Use bylaws for:

• Detailing administrative procedures
• Establishing specific community living standards
• Organizing use of facilities
• Creating operational protocols
• Adapting rules to everyday situations

Practical Tip for Property Managers

Before reviewing or creating bylaws, always consult the declaration. Map out the declaration's rules and ensure the bylaws complement them without contradicting them.

If the condominium does not have bylaws, consider developing them. Good bylaws:

• Reduce conflicts among residents
• Facilitate administration
• Make expectations clear to everyone
• Streamline operational procedures

Many condominium management platforms, like Noque, help organize this information and communicate it to residents clearly.

Summary of Differences

| Aspect | Declaration | Bylaws |
|--------|-------------|--------|
| Nature | Foundational | Complementary |
| Recording | Property records | Not recorded |
| Mandatory | Required | Recommended |
| Amendment | Difficult (supermajority) | Easy (simple majority) |
| Hierarchy | Always prevails | Subordinate |
| Function | Structural | Operational |

Unsure? Review your condominium's declaration, and if needed, seek guidance from legal counsel specializing in condominium law. Each community has its own particularities.