Sample Community Association By-laws
I had been the principal author of the By-laws of my Community Association when they were modernized some time ago. We recently did an update to those By-laws, primarily to include functionality for virtual meetings of the Association and the Board.
As a project to modernize By-laws can require significant effort, I have shared the materials below as a potential reference for anyone undertaking this type of project. The links below include:
(i) a generic template that could be customized for a Community Association replacing its By-laws with a more modern document or wishing to access reference materials with respect to specific changes to their By-laws;
(ii) a matrix that provides an overview of the By-laws that would be a useful communication tool when circulating a draft of new By-laws to the membership of a Community Association for review and approval; and
(iii) potential Policies and Procedures respecting: (a) Approval of Capital Projects; (b) Conflict of Interest; and (c) Submissions on Behalf of a Community Association. (The latter is particularly important insofar as there are issues of significant sensitivity to a Community Association and it wishes to manage carefully the manner in which key messages are created and shared.)
Guidance notes and shading within the materials bring attention to areas for which customization would be required.
Note-A modification to the Objects of a Community Association in Alberta would require separate approval of the Community Association and a separate submission to the Province in due course.
Major themes in the materials are: (i) transparency; (ii) an emphasis on accountability and discipline with finances; (iii) clarity in roles; and (iv) a focus on compliance with the Alberta Societies Act and any Licence Agreement with the applicable municipality.
The Policies and Procedures flesh out certain key expectations for the manner in which a Board is expected to conduct itself on behalf of the Community Association by supplementing the content in the By-laws. The Policies would offer significant governance guidance to a Board, while being helpful to demonstrate discipline in governance to the membership. The Policies and Procedures are created by a Board in the same way that governments create regulations to support particular legislation.
Overall, the package is designed to provide members of a Community Association with a high level of comfort with respect to the manner in which a Board manages the affairs of the Community Association on behalf of the community and to facilitate broad based acceptance of updated By-laws.
Sample Approval of Capital Projects Policy