All condo communities have rules and regulations to ensure residents, whether tenants or owners, enjoy a peaceful and safe environment. However, no one is perfect, and not everyone understands the importance of said rules, so they end up breaking them, causing disturbance to their neighbours. In these cases of rule violations, the condo board must act quickly and effectively to address any issue to avoid a conflict escalation that may cause further harm to the community’s harmony. If you’re a board member and a resident is breaking the condo rules, here’s how you or your property manager should approach the situation.
Understanding Condo Rules and Regulations
Condo corporations operate under a set of bylaws that all owners and tenants must follow. According to the Alberta Condominium Property Act (CPA), the bylaws are the legal framework that regulates the condo corporation’s structure and operations, allows the internal control and management of the units, and outlines the rights and responsibilities of both the corporation (usually represented by the board) and the unit owners. The owners establish these bylaws through special resolutions.
The rules, on the other hand, complement the bylaws and govern the day-to-day behaviour and activities of the residents. Although every condo has its own rules, there’s a set of common rule categories that most condominium corporations have to ensure a good living environment:
- Noise Restrictions: This category typically limits music, TV, parties, and other types of noise like renovations and repairs, especially during late hours (often defined as quiet hours, and most communities set them from 10 p.m. to 7 a.m.).
- Parking Rules: These are restrictions regarding where residents and visitors can park, including designated spots for owners, guest parking areas, and how long a visitor can park, as well as limitations on the number of vehicles per unit.
- Pet Rules: this covers restrictions on the type, size, or number of pets allowed per unit, along with rules about leash use in common areas, noise from pets (like excessive barking), and pet waste disposal.
- Common Areas Usage: guidelines to determine the correct use of shared spaces (pools, gyms, lobbies, recreational areas, etc.). This includes rules on reservations, cleanliness, and capacity limits to preserve these spaces.
- Smoking Restrictions: rules to control and restrict residents’ smoking habits, including bans on smoking in units, common areas, and balconies.
- Unit Modifications: regulations on making structural or permanent changes to the exterior and interior of the units. This includes guidelines on renovations, painting, and installation of items like air conditioners, windows, or outdoor fixtures.
- Garbage Disposal and Recycling: rules about where and when to dispose of garbage, recycling practices, and handling bulk waste, like furniture and bigger electronic appliances.
- Lease Rules: regulations on how residents can rent their units, often including minimum lease terms or limits on short-term rentals (such as AirBNB or VRBO rentals).
These typical condo rules are designed to promote a respectful and cooperative living environment, and all residents should be informed about the rules and associated penalties when they move in. While some rules feel restrictive for some people, they exist to protect residents’ quality of life, safety, and property value. If the board gets a complaint from a resident affected by a rule violation, we recommend handling the situation quickly to reduce the risk of escalating the dispute.
How to Tackle Condo Rules Violations
1 – Identifying a Rule Violation
The first thing boards should do is gather all the possible evidence of the rule violation before approaching the offender to ensure fairness and protect the board’s interests in case of a legal dispute. Concrete evidence like photos and videos showing the specific violation with written descriptions to provide more context of the violation, along with objective witness statements that can corroborate the gathered proof and offer an unbiased perspective of the violation, are essential items for the board to address the issue with a solid foundation.
It’s very important that the board members review all the evidence with a professional and neutral perspective, putting their personal feelings aside. Neutrality will ensure that the proof used to handle the issue is based on verified facts, allowing the board to take appropriate corrective measures and handle potential disputes more effectively.
2 – Communication is Key
An informal and calm conversation is often the most effective way to approach the violator because many residents violating condo rules aren’t even aware of the infraction. Even if they were informed of the rules, it’s very common for them to forget about them. Personal conversations with the assumption that they may not know they’re violating a rule can ease tension and allow the resident to explain their side while offering the board the chance to resolve the issue quickly.
Start the conversation in a calm tone and with a phrase like “I wanted to discuss with you that we’ve noticed that you probably aren’t aware that you’re not following the condo rules”, then make sure to clarify the rule and give them a chance to explain themselves before suggesting them corrective actions to demonstrate fairness and make them feel comfortable and heard. Depending on the violation, you can also provide them with a solution to avoid issues in the future. For example, if it’s a parking violation, explain where they can park legally to avoid future problems.
This friendly and non-confrontational approach will help preserve community relationships and, in most cases, increase the chances that offenders will comply with the rules voluntarily.
3 – Formal Process: Issuing a Violation Notice
If an informal conversation isn’t possible or the violator keeps breaking the rules, the next step is sending a warning letter. A warning letter is a more formal notice of the violation, allowing the resident to correct their conduct without immediately imposing penalties or fines.
Write the letter with respectful and neutral language without sounding hostile while identifying the violated rule and providing details of the offence. Provide suggestions to solve the issue like you’d do in an informal conversation, politely give them a timeframe to correct the issue, outline the potential next steps in case the problem isn’t solved and close by expressing your willingness to help by offering assistance or further clarification of the rules.
Warning letters are more serious and professional. They create a formal record of the violation and the board’s attempts to solve it amicably. They also allow the offender to correct their actions without penalties and make them aware of the consequences if they keep breaking the rules.
4 – Imposing Penalties and Fines
When a conciliator approach doesn’t work, the board can impose sanctions. The most common sanctions include monetary fines, revocation of privileges, and, in extreme cases, legal action (we’ll cover the latter in the next section.) Condo penalties and the process to issue them must always be aligned with the bylaws and be proportional to the offence. Let’s break them down:
- Monetary Fines: Fines are a strong financial disincentive for residents who repeatedly violate condo rules as they serve as a tangible consequence for their conduct. As we said above, the fine must be fair and proportional to the infraction, and it should be high enough to discourage future violations without causing a financial burden to the resident.
For example, a minor infraction, like taking out the trash outside the designated hours, should result in a minimal fine. In contrast, more severe or repeated violations, such as unauthorized renovations or persistent noise complaints, can result in more significant penalties. Many condo boards use escalating fines for repeat offences to discourage residents from ignoring initial penalties. For example, a first violation might result in a $50 fine, the second offence $100, and so on.
- Revocation of privileges: Condos with common-use amenities like gyms, pools, or recreational facilities often revocate the privilege of using those areas if residents violate the rules. Depending on the case, boards can also suspend the resident’s right to vote in condo corporation matters until they stop breaking the rules. This penalty can be especially impactful in condos with active governance and frequent resident participation.
While sometimes may seem harsh, a fair and transparent imposition of penalties and fines for rule violations is necessary for a harmonious condo community based on respect and cooperation while enforcing compliance with the rules.
5 – Mediation or Legal Action
If all efforts to solve the issue amicably fail, the resident refuses to comply with the rules, or there’s a severe violation, the board can proceed with legal action according to its bylaws and the CPA guidelines. These are the main legal actions boards can take against repeat rule violators or in case of a severe violation:
- Mediation: As long as the offender agrees, boards can apply for mediation by looking for a third-party mediator through the ADR Institute of Alberta if the dispute is with an owner or apply for mediation with the Residential Tenancy Dispute Resolution Service (RTDRS) for conflict with tenants.
- Seeking a Court Order for an Injunction with the Alberta Court of King’s Bench: An injunction is a court order that compels the resident to either stop specific actions or comply with the rules. As injunctions are legally binding, failure to comply can result in contempt of court and further legal penalties like fines or jail time.
- Filing a Caveat or Lien Against the Unit: If a resident refuses to pay fines or other fees associated with rule violations, the condo board can file a caveat or lien against the unit with Alberta’s Land Titles Office. A caveat is a legal notice registered on the property’s title, preventing the owner from selling or refinancing the property until the issue is solved. A caveat or lien creates a legal claim against the property, ensuring that the condo board can recover the debt when the property is sold or transferred.
- Foreclosure: In extreme cases, when the resident refuses to pay fines or condo fees for a prolonged period, the condo board can initiate foreclosure proceedings to recover the unpaid amounts. This resource can be used after placing a lien on the property and allows the board to force the sale of the unit to recover unpaid fines or fees.
- Eviction: If the violator is a tenant, the board can notify the landlord and work with them to evict the tenant for misconduct. We have a guide on navigating eviction proceedings in Alberta here.
Legal action is drastic and must be used as a last resort. If your board has exhausted all attempts to deal with a violator and wants to seek legal action, we recommend consulting with a lawyer to protect the condo corporation’s interests and determine the best course of action for your case.
Comply With the Rules, Enjoy Condo Living
Condo rules are essential to a harmonious and respectful environment for the residents, protecting their rights and quality of life. Boards have several options to promote and reinforce these rules to restore the community’s peace. If you’re a board member in Calgary and need assistance dealing with rule violators and the day-to-day maintenance of your condo, contact us to get a customized quote for our condo board management services.
