September 2017
Condo corporations want to encourage acceptable behaviour in common areas of the building. They also want to limit in-suite activities that impact on common areas or other resident suites. These behaviours often relate to noise, odour and pet issues.
Fines are an effective and proven way to encourage individuals toward acceptable behaviour. They are used by institutions that include the police, libraries, utilities, government and the Canada Revenue Agency.
Fines can also be used as a way to generate revenue.
The Condominium Act does not allow a condo corporation to “fine” a unit owner. Condo corporations are allowed to recover costs against unit owners.
Recovering costs requires that condo corporations be aware of the costs to address rule and bylaw infractions. Both infractions and cost responsibility should be documented in condo rules or bylaws.
Enforcement is a right provided for in the Condo Act or corporation bylaws. Issuing a fine is not allowable per the Condo Act. Condo corporation documents cannot be used to grant or remove powers not provided for in these documents.
