July 2025
Commercial operations abound in high-rise residential buildings. Some work from home while others operate an entire business from their residence. Many see clients at their home office.
Condominium communities have no authority to regulate these activities so long as they are legal, don’t pose a safety threat or nuisance to residents, and comply with condo rules.
Some communities are not comfortable with a business or home office where clients wait in the lobby or utilize limited visitor parking spaces. In an attempt by some communities to curtail these lawful activities, some have resorted to placing restrictions on access to parking.
It is reasonable for condo communities to allow commercial activities in condo suites while restricting what type of commercial activities are acceptable. One approach would be to restrict activities that involve displays visible from the outside, large deliveries of merchandise, structural alterations to the suite and those that cause noise, vibration, smoke, odours, heat, humidity or glare.
One condominium corporation argued before the Condominium Authority Tribunal (CAT or Tribunal) that paying business clients are not guests or visitors and their use of visitor parking was in violation of the rules. The Tribunal disagreed and concluded that the term “visitor” is not restricted to those attending a social gathering. It denotes someone who attends for a short period of time, and is not a tenant or resident. This includes friends, family, care givers, fitness trainers, contractors, and clients or customers of a business operating out of the home. Individuals visiting the property occasionally, even if weekly, are visitors regardless of the reason for their visit.
What appears clear is that, so long as the business operating within a unit is not prohibited in some manner, visitors to the business are no different than visitors to other units.
Read the Tribunal decision here.
