A different by-law package

Here is another set of by-law updates from a different law firm. I have listed the more troubling ones.

4.2 Powers of the corporation
The powers of the corporation shall include, but not be limited to the following:

(f)

the borrowing of such amounts in any fiscal year as the board determines are necessary or desirable in order to protect, maintain, preserve or ensure the due and continued operation of the property in accordance with the Act, declaration and bylaws of the corporation and the securing of any loan of any amount by mortgage, pledge or charge of any asset of the corporation, subject in each case to Subsection 56(3) of the Act:

In the covering letter, the lawyer explains:

As is permitted by the Act and the case law, this provision has been inserted to provide the corporation with flexibility to borrow funds without further by-law enactment provided certain conditions have been met.

If this by-law is passed at an owners' meeting, the board can then take on loans, and put the corporation in debt, without a debate and vote by the owners. They will find out their fees have gone up when they get a letter saying how much more they are going to have to pay every month. Pretty scary.

(g)

leasing any part of the non-exclusive use common elements, or granting or transferring any easement, right away, licence etc, etc ... on the express understanding that to the extent that subsection 21(1) of the Act requires a by-law to authorize such a lease, licence, easement or right of way ... then this by-law shall accordingly be deemed and construed for all purposes to be (and constitute) the by-law providing the board with the requisite authority to enter into any such lease, licence, easement ... may be executed on behalf of the corporation by the authorizing officer(s) of the corporation ... without requiring the consent or concurrence of (or the written authorization or signature of) any unit owner(s) thereto:

Article 6—Board of directors
All the other suggested changes were standard aside for this one:

6.15

Confidentiality All matters discussed at a board meeting, including all documents and information, is strictly privileged and confidential and may not be disclosed to any person (including a spouse) unless such information or documentation is determined by the board in writing or as evidenced by the minutes of the corporation, not to be privileged and confidential.

So three directors can vote to put a mortgage on the corporation, make a sweet-heart licencing deal with a third party and the dissenting directors have to keep their mouths shut. Just wonderful.

At least this lawyer did not add in provisions for a kangaroo court so the majority directors could devour the directors who are in the minority.

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