Best Practices for Bylaw Adherence & Enforcement
Understanding Condominium Bylaws
Condominium bylaws establish rules and regulations that govern the:
Rights and responsibilities of owners, tenants, and board members
Use of units and common areas
Payment of condominium contributions and special levies
Standards for maintenance, noise levels, and pet policies
Bylaws must be consistent with the CPA and registered with Alberta Land Titles.
Best Practices for Bylaw Adherence
Education & Awareness – Owners and tenants should receive copies of the bylaws when purchasing or leasing a unit.
Clear Communication – Boards should send regular updates and reminders regarding bylaw requirements.
Consistent Application – Bylaws must be enforced equally to all owners to avoid claims of unfair treatment.
Early Intervention – Addressing minor infractions quickly can prevent escalation.
Complaint Handling Procedures – A formal process should be in place for owners to report alleged bylaw violations.
Bylaw Enforcement vs. Encouragement
Adherence focuses on voluntary compliance through education and communication.
Enforcement involves formal action when violations occur, including fines, legal action, or restrictions.
A balanced approach combining education and enforcement is often the most effective.
Bylaw Enforcement Mechanisms
Steps to Enforce Bylaws
1. Issue a Written Notice of Bylaw Violation – When a condominium corporation identifies a bylaw infraction, it must send a formal Notice of Bylaw Violation to the unit owner or tenant. This notice must include:
The specific bylaw that has been violated (including the section reference).
Details of the violation, including the date, time, and location of the infraction.
A clear description of the expected corrective action the owner or tenant must take.
A reasonable deadline for compliance before further enforcement action is taken which must be at least 3 days excluding holidays.
A statement of the recipient’s right to respond and provide information or clarification regarding the alleged violation.
The contact information for the condominium board or condominum manager for any inquiries.
2. Send a Formal Sanction Letter – If the violation is not corrected within the specified timeframe, the condominium corporation may impose a fine, restriction, or other sanction as permitted by its bylaws. The Sanction Letter must include:
Reference to the initial Notice of Bylaw Violation and confirmation that the infraction was not resolved.
A description of the imposed sanction, including:
The specific fine amount (if applicable).
Any restrictions on amenities or services.
Additional corrective measures required.
The effective date of the sanction and how long it will remain in effect.
Information on how the recipient may appeal the sanction, including applicable deadlines and procedures.
A statement that unpaid fines or costs may be added to the owner’s account and could result in further legal action.
3. Legal Notice – A formal demand letter from a lawyer may be sent, warning of potential legal consequences.
4. Mediation or Arbitration – Some disputes can be resolved outside of court through alternative dispute resolution (ADR).
5. Court Order or Injunction – In severe cases, the condominium corporation may seek a court order to enforce compliance.
6. Recovery of Enforcement Costs – The CPA allows the corporation to recover reasonable legal fees and enforcement expenses from the offending owner.
Registering a Caveat for Persistent Violations
If an owner continuously violates the bylaws, the corporation may register a caveat on the unit title to notify future buyers and lenders of outstanding issues.
Eviction of Tenants for Bylaw Breaches
Under the CPA, a condominium board may:
Demand that an owner evict a tenant who repeatedly breaches bylaws
Apply for a court order to remove a non-compliant tenant
Special Considerations for Short-Term Rentals
Some condominiums prohibit or regulate short-term rentals (e.g., Airbnb).
Enforcement actions may include fines, legal action, or restrictions on building access.
Evaluating Enforcement Scenarios
Reviewing the Legality of Enforcement Actions
Condominium managers must assess whether a board’s enforcement actions comply with:
The Condominium Property Act (CPA)
The registered bylaws
Alberta case law on bylaw enforcement
Common Enforcement Scenarios
Scenario 1: Parking Violations
A resident regularly parks in a visitor parking spot despite receiving warnings.
The board issues a fine, but the owner refuses to pay.
Question: Does the board have the right to escalate enforcement?
Scenario 2: Excessive Noise Complaints
A tenant holds frequent loud parties, disturbing neighbors.
The board warns the owner and requests the eviction of the tenant.
Question: Can the condominium corporation enforce eviction?
Scenario 3: Unauthorized Renovations
An owner removes a load-bearing wall without approval.
The board demands the owner restore the structural integrity of the unit.
Question: What legal remedies are available?
Evaluating Compliance with CPA Requirements
Condominium managers should ask:
Was proper notice given before enforcement?
Do the bylaws allow for the enforcement action taken?
Is the corporation acting within its legal rights under the CPA?
Has the board been consistent in applying the bylaws to all owners?
Risks of Improper Enforcement
If a board acts outside its authority, it may:
Face legal challenges from owners
Have its fines or enforcement actions overturned in court
Be required to pay damages or legal costs
Seeking Legal Advice
For complex cases, condominium boards should consult a lawyer to ensure proper legal procedures are followed.
