January 2025
(revised January 2025)
In an attempt to deal with a general problem or nuisance, management of your building sends out a general message about a change in rules.
- Anyone found disposing of waste improperly will be fined $200
- Resident pets must enter and exit through back doors
- Trainers or instructors not allowed in swimming pool or exercise area
These are examples of revisions to condo rules that some communities may tray and impose by sending a communication to owners and residents. While convenient, this does not constitute a change in condo rules. A condominium corporation lacks authority to enforce rules that have not been properly created.
Condo rules must relate to the use of units, common elements or assets of the corporation. They must be intended to promote the safety, security or welfare of owners and property, or prevent unreasonable interference with use and enjoyment of common elements or assets of the corporation. Finally, rules must be reasonable and consistent with the Condo Act, declaration and by-laws of the corporation.
Rules can be created or repealed by the condo board at a board meeting. Once a change to rules is accepted by the board it must be circulated to owners for a period of at least 30 days. This information must include the proposed rule or change to rule, proposed effective date, confirmation of the right to requisition a meeting to vote on the rule by at least 15 percent of registered owners, and a copy of section 46 of the Condo Act.
If owners don’t requisition a meeting within 30 days the rule becomes effective at the end of 30 days or later as communicated to owners. If owners requisition a meeting it must be held within 35 days.
Owners can requisition a meeting to vote on a rule, or amend a rule, proposed by someone other than the board. The requisition must be supported by at least 15 percent of registered owners. The rule or change is adopted if a vote is not defeated at the meeting.
