May 2020
Condo boards have considerable latitude in making and enforcing condo rules but there are limits.
Condo rules generally address objectionable or inappropriate behaviour such as elevator use, noise, odour and use of common areas. Rules cannot override the declaration or bylaws that were accepted when purchasing a unit.
One condo corporation sought to revise rules to control rentals and sales. They imposed new tenant application, processing and management fees. New rules restricted new board members to owners residing in their unit. A lawsuit ensued by owners arguing these changes were not authorized by the bylaws. The courts agreed.
A condo corporation does not have the right to adopt rules that conflict with their bylaws. There is no authority to create or enforce rules inconsistent with the declaration. See Passing Bylaws in the Condo Archives for more information.
Bylaws can be amended by a vote of owners with over 50 percent voting in support. Changing a declaration requires a supermajority of at least 80 percent.
If bylaws or declaration allow for leasing of units, rules adopted by a condo board impairing the ability to lease are improper. The proper approach is likely to require changing the declaration or amending bylaws.
