December 2021
Selective enforcement of rules is not a right granted condominium corporations or boards. Selective enforcement refers to enforcing a rule or by-law against one owner or resident while allowing another to violate it without consequence. Age restrictions are one example.
Pet, smoking and short-term rental restrictions are forms of selective enforcement when not applied equally to all. A challenge occurs when existing restrictions have not been enforced previously and there is now intent to improve enforcement. Failure can lead to resident complaints and greater abuses. More stringent enforcement can lead to accusations of selective enforcement.
A new board is elected, partially because a prior board failed to adequately enforce rules. The new board should take care to ensure consistency in enforcement of rules. Deviation from past practices could allow residents to argue selective enforcement thus making it difficult for a board to enforce rules and by-laws.
One solution to enforcing a restriction prior boards failed to enforce is to provide written notice to owners and residents that, on a specific future date, the corporation will begin enforcing the restriction. Providing notice of a change in enforcement practices provides consistent and uniform treatment. Depending on the situation, it may be necessary to grandfather current residents who have been granted allowances and prohibit such allowances for future owners and tenants.
