January 2018
Condo corporations may want to consider mirroring local laws within their rules or by-laws.
Some may feel this is unnecessary and serves to make condo documents redundant or excessive. Yet there may be some value in this approach.
Civic laws are often enforceable within the boundaries of the condo corporation. This may include cleaning up after your pet, no smoking in public areas and excessive noise.
Condo documents, including by-laws and rules, are relied upon to maintain order. Civic regulations may not allow for enforcement by a condo corporation and can create a challenge to maintaining order.
Recognition of some civic laws within governing documents may allow for more effective enforcement.
Consider the example of cleaning up after a pet. When it is clear that a specific resident is failing to clean up after their pet, and there is an identifiable cost to the resident failing to do so, it may not be appropriate to charge this cost to the resident or owner unless specified in condo documents.
Parking is another example. When specific residents choose to park in unauthorized areas, one approach is to contact parking enforcement. Depending on the area, this may or may not be an effective deterrent or solution. Alternately, it may be possible to work with a third party service that comes to the property and deals with improperly parked vehicles. The cost of this service may be chargeable to an offending resident or owner if properly stipulated in the governing documents.
Another example, which may become more relevant in light of short-term rental concerns, comes from Utah. In that state the law allows condo corporations to limit the number of guests of a short-term rental who can use common amenities. Enforcing such a rule, should it exist in Ontario, requires that it be properly identified in governing documents.
As with anything that may have legal implications, it is best to consult with your legal counsel before drafting such documents.
