Catching Condo Board Lawbreakers: Your Rights, Their Wrongs

Condominium boards are tasked with making decisions on behalf of the corporation and are responsible for all the actions they take, including those of their employees and volunteers. However, board members are often laypeople with no particular specialised skills or professional knowledge. As a result, many condo boards tend to rely on experts, such as property managers and engineers, to provide them with advice and guidance when problems arise.

Condo boards have broad legal authority and can do many surprising things, such as banning pets, regulating décor and renovations, limiting occupancy and access to amenities, and even selling your unit. However, condo boards can also break the law and act improperly. This can include favouritism, aggression towards rivals, or ignoring certain residents who break the rules. In more serious cases, board members can embezzle money or abuse their power.

If you suspect your condo board is breaking the law, the first step is to refer to your governing documents and local laws. Associations are generally required to follow specific protocols when dealing with violations, which often involve sending warning letters and formal violation notices. If your condo board continues to break the law, you may be able to file an application with a tribunal or take them to court. As a last resort, you can also try to remove board members and elect new ones.

Condo boards can sell your unit

There are other situations where a condo corporation may take an owner to court and obtain an order to sell the owner's unit. For example, in the case of York Condominium Corporation No. 82 v. Singh, a unit owner's suite was ordered to be sold after the owner repeatedly disobeyed court orders prohibiting her from selling alcohol from her unit.

In another case, York Condominium Corporation No. 301 v. James, the court ordered the sale of a unit because the owner acted violently, abusively, and inappropriately towards residents, staff, and property management. They assaulted owners, started fires in their unit, and breached a court order, among other types of misconduct.

It's important to note that courts are generally reluctant to force the sale of a unit and will only do so as a last resort when all other efforts to enforce compliance have failed or when the behaviour is so egregious that it renders the relationship between the owner and the community inherently incompatible.

If you find yourself in a situation where your condo board is attempting to sell your unit, it's essential to seek legal advice and understand your rights and options.

Condo boards can ban pets

Condo boards are responsible for enforcing the rules and bylaws of their community. While this can be a challenging task, boards are given certain powers to address violations promptly and properly.

• Start with governing documents: Different condos have different processes, and it's important to refer to your specific governing documents. Some states may require associations to follow particular steps when dealing with violations. If your state doesn't have specific rules, the association is responsible for designing and carrying out protocols. It's crucial to follow each step carefully.
• Send warning letters: Associations should typically send one or two warning letters before moving on to formal violation notices. This process may seem slow, but it's important to demonstrate that the association has given the owner an opportunity to correct the misconduct.
• Keep detailed records: Document all incidents, including the nature of the violation, the impact on other residents, and any previous warnings or notices issued. Courts will consider the association's efforts to resolve the issue before escalating to legal action.
• Understand state and local laws: Some states and counties have specific laws or regulations regarding pets in condos. For example, HOAs in California are required by law to allow at least one pet per unit owner. It's important to be aware of any applicable laws or restrictions in your area.
• Consider reasonable accommodations: Under the Federal Fair Housing Act (FFHA), condos must make reasonable accommodations for service animals and may need to accommodate emotional support animals as well. Service animals are not considered pets and are trained to perform tasks for their owners. Emotional support animals provide therapeutic support, and requests for these animals should be reviewed carefully on a case-by-case basis.
• Consistency and fairness: Condo boards should enforce pet restrictions consistently to avoid the appearance of favoritism or unfair treatment. However, there may be situations where "grandfathering" applies, where a resident is exempt from a new rule because they were already engaged in the activity before the rule was implemented. Including a grandfather clause in new pet restrictions can help prevent waiver claims.
• Clear communication: Share the pet rules with residents through emails, newsletters, or other communication channels. This helps to set expectations and reduce potential conflicts between neighbors. It also allows prospective tenants to make informed decisions before moving into the community.
• Consequences and fines: Define the consequences for violating pet restrictions, such as fines or warnings. However, keep in mind that condo fines may not be legal in Canada, and it's generally preferable to charge back actual costs to the owner for damage or legal fees incurred while enforcing the rules.
• Legal action as a last resort: If all other efforts to resolve the issue have failed, the condo board may need to seek legal help. Eviction or a forced sale of the unit is an extreme remedy and should only be pursued in rare and severe cases where the behavior is harmful or incompatible with the community.

Condo boards can regulate your décor and renovations

Condo boards have a lot of power when it comes to regulating your décor and renovations. Before you begin any condo renovation, it's important to do your research and familiarise yourself with the renovation rules your condo board or building management company may have in place. Some boards have simple rules, while others are more extensive. Understanding and communicating these rules to your renovation contractor will help them develop a more accurate estimate.

For example, some condo boards enforce restricted construction times, such as 10 a.m. to 3:30 p.m. instead of the usual 8 a.m. to 5 p.m. slot. They may also restrict parking access for contractors, meaning they have to walk further to get to their vehicles, and restrict elevator access, which will need to be scheduled in advance. Some boards also require the protection of common areas, which can add time to the overall renovation.

It's also important to remember that you don't own everything in your condo. If you open up a wall, you'll find water lines, drain lines, air ducts, and electrical conduits that are considered common building elements and cannot be moved. This means that any bulkheads or dropped ceilings you were hoping to move or eliminate might not be possible.

In most cases, condo boards can also restrict what you do with your own décor and renovations. For example, you may own the toilet and faucets in your unit, but you can't always change them. Drain lines are often designed for the fixtures already in place, so changing to a low-flow toilet or showerhead could change the water pressure in a way the system wasn't designed for.

While condo boards do have a lot of power, there are some things they can't control. For example, you usually don't need a building permit for superficial renovations like painting, changing laminate flooring, tiles, or cabinets. All you need are plumbing or electrical permits if you're changing these systems.

If you're unsure about what your condo board can and can't do, it's a good idea to get legal advice. While condo boards have a lot of power, they also have a duty to act in good faith and in the best interests of the condominium corporation. If they fail to do this, you may be able to take legal action.

Condo boards can limit occupancy and access to amenities

Condo boards are responsible for enforcing the rules and bylaws of the condo association. This includes sending warning letters, issuing fines, and even taking legal action if necessary. While condo boards cannot evict owners, they can seek a court order to force the sale of a unit in extreme cases.

When dealing with residents who repeatedly break the rules, it is important for condo boards to follow the correct procedures as outlined in their governing documents and state laws. This typically involves sending warning letters, followed by formal violation notices, and escalating enforcement measures as needed.

In terms of amenities, condo boards should encourage residents to use the amenities provided. This can be done by ensuring that owners are aware of the amenities available and making it easy for residents to book and access these amenities. Repurposing underutilized amenity spaces to meet the needs of the community can also help increase usage.

While condo boards have broad legal authority, owners still have rights. Owners can vote at owners' meetings, elect board members, review corporation records, request meetings, and even remove directors from the board. If owners are unhappy with the decisions of the condo board, they can try to elect new board members or speak to a lawyer to explore their legal rights.

Condo boards can enter your suite

Condo boards are generally comprised of volunteers, often with no specialised skills or professional knowledge. As such, they may rely on experts such as property managers and engineers to advise them. However, the board is still legally responsible for all the actions it takes, including those of its employees and volunteers.

Normally, a representative of a corporation may enter a unit to carry out the “objects and duties” of the corporation, like inspecting the smoke detectors or heating and cooling system, as long as they give the unit owner and resident reasonable notice and enter at a reasonable time.

In some cases, condo boards may enter your suite to carry out maintenance work. This should be announced well in advance, with notices posted that are visible and accessible to all. As the work progresses, further notices will be posted to let residents know that their turn has arrived. It is the resident's responsibility to clear the area that will be serviced.

Maintenance contractors are not usually allowed to enter suites when residents are not home. Instead, managers, superintendents, janitors, or concierges will accompany contractors and remain with them for the duration of the service. If a resident does not feel comfortable being left alone with a contractor, they can mention this to the manager ahead of time, and a staff member will accompany the contractor.

In rare cases, a condo board member may enter a suite without permission. This is not legal, and you should contact the property manager and follow up with an email and evidence. Get the locks changed and send the invoice to the property manager. You may also want to contact the police, especially if items are going missing.

Frequently asked questions