By Ted Lawrence
The documents that guide the management and governance of condominiums are the declaration, bylaws and rules. These documents should be provided to owners when they purchase their home.
Generally the declaration defines the units and common elements and specifies how they are used, as well as defining the percentage ownership of the units. Bylaws deal with governance and management and the rules deal with safety, security and welfare of owners and property.
Owners are responsible for familiarizing themselves with these documents and complying with them. Tenants and guests must also adhere to the rules. On the other side of the coin, the condo corporation must enforce its rules in a fair and unbiased manner and notify owners if they are not in compliance.
Condo rules can be modified by the board of directors. However the changes can be challenged by the owners within 30 days of receiving notice of the change. If the rules go unchallenged after circulation to owners they come into force. The declaration and bylaws are more difficult to change. Procedures for changing these documents are governed by the Ontario Condominium Act.
The Board is responsible for ensuring compliance by responding to complaints and actively inspecting the property to pick up on infractions. Should it unfairly apply a rule, disregard the interests of owners or fail to take adequate steps to enforce its own rules, it puts itself in a compromising position and open to legal action. If any rule is outmoded, does not apply or is ineffectual, the Board would be well advised to revise or remove it. A periodic review is good management practice.
What is the best way to deal with infractions?
Early action is the key. If rules are regularly ignored a climate of tacit approval develops: the longer an infraction goes unaddressed the more difficult it is to obtain compliance.
The first level is to verbally advise the owner and request compliance. This is usually effective in the majority of cases. The next level is a written request. At our condo we charge an administrative fee of $50 to cover the cost of preparing and delivering the letter. This fee is added to the owner’s account.
Should additional letters be required, the tenor of the letter may be more demanding and a third letter advises that the matter will be handed over to the condo’s lawyer. Each letter incurs an additional $50 fee.
Should we engage a lawyer, the owner is advised that a lien will be put against the property to recover legal costs and any outstanding administrative fees.
The question sometimes comes up: “Can’t we just fine an owner for non- compliance?” The condo corporation may be on shaky grounds if such a provision is not specifically laid out in the rules. Even then, the corporation may be open to a legal challenge. It is preferable to set up a climate of conflict resolution and open discussion rather than a hard enforcement/penalty model that tends to drive parties apart.
In an attempt to resolve conflicts between owners and between owners and condo corporations, the Ontario government has modified its Condominium Act to include conflict-resolution provisions. Since November 2017, the Condominium Authority Tribunal is tasked with resolving certain disputes, including enforcement of declarations, by-laws and condo rules.
These are only one person’s thoughts and experience. Let’s hear what you have to say on this issue, or any other issue about condo living in Lowertown.
Note in response to previous article
In response to the article on Airbnbs in the last issue of the Echo (9, 1, p. 3) we received a call from the manager of a well-known local hotel. He said that he and other hotels were not against the operation of Airbnbs, but they wanted them to follow the same rules and regulations that the hotel industry is required to follow so as to have a level playing field.