What are restrictive by-laws?

• In a community title scheme subsidiary schemes can also exit and therefore so can different levels of association.
• Each association may have its own common property.
• Some association property belonging to the community scheme may be set aside to be used only by members of a subsidiary association.
• This is generally done through a restrictive or exclusive use by-law.
• It is very important to determine what property belongs exclusively to a subsidiary association and what belongs to the primary association as that will determine who is required to pay for its maintenance and repair.
• If a subsidiary association has a registered restrictive property by-law over the property that means only members of the subsidiary association can use it then the by-law will generally specify that the subsidiary association must pay for its repairs, maintenance and replacement.
• If a primary association owns the property and there is no restrictive property by-law over that property then members of the primary association must pay for it. It can be used by and must be paid for by all of the lot owners in the community title scheme.
• If there is a restrictive by-law that does not require the subsidiary association to pay for replacement, repair and maintenance then all lot owners in the community scheme must pay for it regardless of whether they have access to the property.