🚫 Why Our Own Proposed By-law 14 Is Illegal

(Because it contains this exact prohibited clause)

By-law 14 – the one the board is now pushing owners to approve – includes this very clause that bans any owner (or their family) from running for the board if they have ever:

Filed a court application
Filed a CAT case
Filed a human rights complaint
Filed a privacy complaint
Used mediation or arbitration
Been involved in any “judicial or quasi-judicial process” involving the corporation

In other words:
If you have ever exercised your legal rights, you lose your right to run for the board.

That is exactly the clause shown in the screenshot – and it is exactly why By-law 14 is illegal.

🔍 Why This Makes By-law 14 Invalid

1️⃣ It punishes owners for using legal channels

The law wants owners to use proper channels – mediation, CAT, court – to deal with problems.

The Condominium Act does not allow corporations to retaliate against owners who:

Ask for records
File CAT cases
Defend themselves
Complain about harassment or discrimination
Challenge wrongful behavior

A by-law cannot say:
“Use your legal rights → lose your democratic rights.”

But By-law 14 does say that.

2️⃣ It rigs elections in favour of the current board

By-law 14 eliminates:

Anyone who challenged them legally
Anyone they mistreated
Anyone who demanded accountability

It wipes out critics and guarantees the same board keeps control.

This is oppressive and bad-faith governance.

3️⃣ The Condo Act does not allow boards to invent new disqualifications

The Act sets the only valid disqualifications:

Under 18
Bankrupt
Mentally incapable
Training not completed
Corporation owes you money (special rule)

That’s it.

But By-law 14 adds a long list of unlawful ones based on complaints, court cases, mediation, tribunal proceedings, etc.

You cannot override provincial law with a by-law.

4️⃣ It discriminates against owners through “association”

By-law 14 even punishes you if a family member or any occupant of your unit filed a legal complaint.

That is nonsensical, abusive, and legally indefensible.

5️⃣ It exposes the corporation to massive liability

If passed, By-law 14 opens the door to:

Oppression claims
Reprisal claims
Election challenges
Human rights–style retaliation claims
Court orders striking down the by-law
Very high legal costs (paid by owners)

The board is effectively inviting new lawsuits.

🔥 The bottom line

By-law 14 contains an illegal clause that punishes owners for exercising their legal rights.
Because it includes this language, the entire by-law is unenforceable, retaliatory, and a governance disaster waiting to happen.

Condo Chronicles