Role of the Condominium Manager in Bylaw Enforcement
A licensed condominium manager plays a supporting role in bylaw enforcement but does not have independent authority to issue sanctions. Under common law, a condominium manager may issue a notice of bylaw violation but cannot impose fines without explicit board approval. There is no legal provision that allows a board to grant blanket authority to a manager to issue fines on its behalf.
Key Responsibilities of the Condominium Manager
Educating the board on their legal responsibilities in enforcing bylaws fairly and consistently.
Providing guidance on proper enforcement procedures under the Condominium Property Act (CPA) and Condominium Property Regulation.
Acting as a liaison between the board and residents when addressing bylaw concerns.
Maintaining records of reported violations, warnings, and enforcement actions.
Ensuring compliance with notice requirements and appeal procedures.
Important Notes:
The board, not the condominium manager, has final authority over bylaw enforcement.
A manager may issue a bylaw violation notice but must obtain board approval before imposing a sanction.
How Managers Assist Boards in Ensuring Bylaw Compliance
A condominium manager supports the board by implementing preventative and reactive compliance strategies:
Preventative Measures:
Educating owners and tenants on bylaws through welcome packages, newsletters, and meetings.
Conducting routine property inspections to identify potential issues early.
Advising the board on clear and consistent bylaw enforcement policies to prevent disputes.
Reactive Measures (Enforcement Steps):
1. Receiving and Documenting Complaints
Verify whether the complaint violates an existing bylaw.
Record date, time, and nature of the violation in the corporation’s records.
2. Issuing a Notice of Bylaw Violation (With No Fine)
A bylaw violation notice must:
Be addressed to a specific unit.
Identify the person who committed the violation.
Clearly reference the specific bylaw that was violated.
Provide details of the infraction (e.g., date, time, location).
Outline required corrective actions and a deadline of at least 3 days excluding holidays for compliance or a response from the unit.
Inform the recipient of their right to dispute the allegation.
Include contact information for further inquiries.
3. Requesting Board Approval for a Sanction (Fine or Other Penalty)
If the violation persists, the condominium manager must:
Present the violation details to the board.
Obtain explicit approval before issuing a sanction letter.
Ensure the fine or penalty aligns with the bylaws.
4. Issuing a Sanction Letter
The letter must outline:
The penalty or fine imposed as per the bylaws.
A deadline for payment or corrective action.
Appeal procedures, including board review options.
Potential consequences if non-compliance continues (e.g., legal action, additional fines).
5. Further Enforcement Actions (if required)
If compliance is not achieved, the board (with the manager’s assistance) may:
Register a caveat on the unit title for unpaid fines.
Pursue legal action for persistent or serious violations.
Request eviction of a non-compliant tenant under CPA provisions.
Legal Requirements for Bylaw Enforcement in Alberta
Condominium corporations must follow fair and consistent enforcement procedures outlined in their bylaws, the CPA, and the Condominium Property Regulation.
Sanctions (e.g., fines, restrictions) must align with the corporation’s bylaws and be properly documented.
A two-year limitation period applies for taking legal action on unpaid contributions or bylaw violations.
A corporation may impose sanctions on owners, tenants, and occupants for breaches of the bylaws if authorized by the bylaws.
Applying Proper Bylaw Enforcement Procedures
Scenario 1: Pet Violation
Situation: A unit owner violates a no-pets bylaw by keeping a large dog.
Manager’s Actions:
Verify that the corporation’s bylaws clearly prohibit pets.
Issue a Notice of Violation with a compliance deadline.
If the owner refuses to comply, present the case to the board for approval to issue a fine.
If the board approves, issue a sanction letter outlining the fine and appeal options.
Scenario 2: Parking Violation
Situation: A tenant consistently parks in a visitor-only space, despite warnings.
Manager’s Actions:
Confirm that the corporation has a bylaw prohibiting misuse of visitor parking.
Issue a formal notice warning the tenant and owner of the infraction.
If violations continue, the board may issue a fine.
If necessary, pursue legal action or towing procedures (if permitted in bylaws).
