Key CPA Provisions on Penalties for Non-Compliance
The Condominium Property Act (CPA) and Condominium Property Regulation establish legal requirements for condominium corporations. Non-compliance with these provisions can result in fines, legal actions, and financial penalties.
Key Non-Compliance Areas & Associated Penalties
Non-Compliance Issue | Relevant CPA Section |
Failure to maintain and repair common property | CPA, Section 37 |
Failure to conduct reserve fund study every 5 years | CPA, Section 38 |
Improper use of reserve fund | Condominium Property Regulation, Section 23 |
Failure to provide financial statements to owners | CPA, Section 44 |
Non-compliance with bylaws and improper governance | CPA, Section 32 |
Non-Compliance Issue | Penalty or Consequence |
Failure to maintain and repair common property | Board may be subject to legal claims from owners. |
Failure to conduct reserve fund study every 5 years | Fines or enforcement actions. |
Improper use of reserve fund | Potential legal liability and penalties. |
Failure to provide financial statements to owners | Board may face legal action. |
Non-compliance with bylaws and improper governance | Disputes, lawsuits, and potential intervention by the courts. |
Failure to comply with these legal provisions can jeopardize the financial stability of the condominium corporation and lead to legal action from owners or regulatory authorities.
Legal and Financial Risks of Non-Compliance to a Condominium Board
A condominium board is responsible for ensuring the corporation meets all legal and financial obligations under the CPA. Non-compliance exposes the board and the corporation to severe risks, including:
Legal Risks
Fines and Penalties: The corporation may be fined up to $15,000 per offence for CPA violations.
Legal Claims from Owners:
