Governing Documents
Rules for condominium living
Rules regulate day-to-day activities in a condo community. They must be reasonable and consistent with the Condo Act and the governing documents. Owners and residents should be familiar with their corporation’s rules and other governing documents, as well as how everything is enforced.
What are condo rules?
Rules prevent unreasonable interference with the use and enjoyment of units, common elements or the condo corporation’s assets.
For example, rules can:
- Restrict visitors’ use of amenities
- Prevent owners from renting out their units for short periods of time
- Limit the number or size of pets allowed in the building
- Regulate parking
Unlike the declaration and by-laws, rules do not need to be registered at the Land Registry Office. Owners can request copies of the rules from their condo corporation using the Request for Records form.
Amending the Rules
Rules may be passed, amended or repealed by a condo board but owners have the right to provide feedback and input.
Condo boards must provide a notice to owners to change the rules and include:
- A copy of the proposed change
- The date the board is suggesting the rule become effective
- A reminder that owners have the right to requisition an owner’s meeting about the rule, and that the rule will become effective 30 days after the notice unless a meeting is requisitioned
- A copy of section 46 and section 58 of the Condo Act, which cover owner requisitioned meetings and rule requirements
Rules are automatically adopted after 30 days of this notice being delivered, unless owners requisition an owners’ meeting to discuss the proposed change, a meeting is held where quorum requirements are met and a majority of owners present at the meeting vote against the change as stated in section 53 of the Condo Act. Owners can requisition a meeting about rules anytime and boards must hold that meeting and call a vote within 35 days of the requisition.
Here is more information on how to request an owners’ meeting.
Differences between the Declaration and the Rules
Both documents can restrict what owners can and cannot do in the units and common elements. For example, both could restrict smoking or pets. So here are the key differences:
- Restriction of reasonableness:
- Rules must be reasonable. They must promote the safety and welfare of owners and their property and must prevent unreasonable interference with the use and enjoyment of the units and common elements. The declaration is not held to any legal standard of reasonableness
- Flexibility to amend:
- Rules are more flexible because they are much easier to pass and change as described in the previous section
- Amending the declaration typically requires either 80 or 90 per cent of the voting units agree in writing or a court order. Often restrictions and provisions that are intended to be permanent will be written into the declaration when the condo corporation is created.
Enforcing the Rules
All members of condo communities must comply with the Condo Act and governing documents.
Boards can follow these steps to resolve any issues:
- Notify residents who are not complying to make them aware of the issue
- Follow up as required. If necessary, send a letter from legal counsel
- Refer the issue to the Condo Authority Tribunal if it is within the CAT’s jurisdiction.
- Refer the issue to mediation, arbitration or the Superior Court if it is not within the CAT’s jurisdiction.
For more information on the most common types of condo disputes, read about Solving Common Issues.