What are the Condo Rules?
Condo Rules are drafted by the developer or the builder and adopted later by the condo board. They need to be reasonable and pursuant to the Act and the province’s Human Rights Code.
The law firm of the builder draws up a set of rules which is given to each new owner with the declaration. Rules are typically the same though they can vary by the condo corporation, the type of facilities present and can be different for similar condos as well.
What is the purpose for establishing Condo Rules?
Condo rules are laid down with many objectives including securing the safety of the corporations’ assets, safeguarding the welfare of the condo owners and their assets. They also seek to allow the condo owners to make full use of their properties and avoid any unreasonable interference.
The condo rules help to direct and manage the resident’s behavior and allow them to understand and regulate their expectations.
Which laws govern the Condo owners?
When any person buys and lives in a condo, there are certain laws which protect the right of the condo owners:
- The Condominium Act which governs and manages all condo corporations
- Condominium Management Services Act has specific rules laid down for condo management, condo owners and managers
- The Ontario New Home Warranties Plan Act establishes:
- Protection of deposit
- a warranty program safeguarding the owner from all building defects
- Learn to negotiate and settle disputes with vendors
What do the Condo Rules include?
Many types of condominium rules exist which are laid down by the Condominium Corporation. It is advisable to speak with the property manager of the condominium where your purchased unit is situated. Few rules are as below:
- Written consent of the management will be needed before making any internal changes to the unit or common areas
- Reducing sound transmission by carpeting the condo unit floors
- Hardwood floors come with many restrictions
- Balconies are not allowed for enclosing and barbequing in them
- satellite dishes or antennae are not allowed
- recreational and commercial vehicle parking is not permitted
- Elevators can be used for moving with prior booking, security deposit payment, use of elevators for moving sometimes have restrictive hours, require reservations and security deposits. In case you need to book the elevator for the moving, it is advisable to do it at the earliest.
- No commercial or business use is allowed inside a condo unit
- Pet restrictions exist
- The exterior of the building with the color of window coverings as it is visible to outsiders
- Limitations on the use of patios, indoor uses and plantings
- Liability of the unit owner for any damage to garage doors, fireplaces, central air conditioning and much more
- Rules regarding musical instruments and the noise they generate
- Tenancy requirements using the short-term rental
What happens if a condo unit owner does not comply with the Condo Rules?
Not abiding by the condo rules can be risky for a condo owner. If the condo owner does not abide by the condo rules at any circumstance, the Corporation can get a court order for the owner to pay legal costs and do the compliance.
After the purchase, if you intend to give your property on rent, then you should insert a condo rule compliance clause into the tenancy agreement. You can mention in the agreement that all condo rules and by-laws of the condominium corporation are abided by the tenant.
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