What are the Corporation’s Powers Under the CPA?
A condominium corporation has legal authority to enforce its bylaws and recover damages for tenant-related issues. The Condominium Property Act (CPA) and the Condominium Property Regulation outline how a corporation can enforce rules, levy fines, and recover costs.
Key Powers of a Condominium Corporation
Bylaw Enforcement: A condominium corporation has the authority to enforce its bylaws, including those that apply to tenants.
Fines and Penalties: The corporation can impose fines for bylaw infractions as outlined in its governing documents.
Damage Recovery: If a tenant causes property damage, the corporation can recover costs from the unit owner.
Legal Action: The corporation may seek legal remedies if compliance is not achieved voluntarily.
A condominium corporation may impose monetary sanctions for breaches of its bylaws, provided the bylaws allow for it and procedures for enforcement are followed.
Tenant Obligations and Consequences for Violations
What Responsibilities Do Tenants Have?
Tenants must:
Comply with the corporation’s bylaws and rules (such as noise restrictions, pet policies, and waste disposal regulations).
Respect common areas and shared spaces.
Avoid causing damage to the unit or condominium property.
Consequences for Bylaw Breaches
When a tenant violates a bylaw, the condominium corporation can take the following steps:
Issue a Warning: Notify the unit owner and tenant about the infraction.
Impose Fines or Sanctions: Apply financial penalties if bylaws allow for fines.
Seek Compliance Through Legal Means: Apply for a court order if necessary.
Recover Costs for Damage: Charge the unit owner for tenant-related damage to common property.
The unit owner remains responsible for ensuring their tenants follow the condominium’s rules. If the tenant does not comply, the corporation may seek action against the unit owner, who is ultimately responsible.
Remedies Available for Bylaw Breaches
Monetary Sanctions (Fines)
A condominium corporation can impose fines or penalties if a unit’s tenant violates the bylaws. However, these must be reasonable and compliant with the Condominium Property Regulation.
Damage Recovery
If a tenant causes damage to common property, the condominium corporation can charge the unit owner for repairs. This includes:
Physical damage (e.g., broken fixtures, vandalism).
Negligence leading to property damage (e.g., failure to report a leak).
Legal Action
In severe cases, the corporation may take legal action, such as:
Applying for a court order to enforce compliance.
Filing a claim for unpaid fines or damages.
Restricting access to amenities or services as per the bylaws.
Scenario Analysis
Scenario: A tenant repeatedly parks in a restricted area, despite multiple warnings. The condominium board asks the manager for recommendations on enforcement.
Steps to Address the Violation:
Verify the Bylaws: Check whether parking violations are subject to fines.
Issue a Written Notice: Inform the unit owner and tenant of the infraction.
Apply a Monetary Sanction: If permitted under the bylaws and approved by the board, impose a fine.
Escalate Enforcement: If the issue continues, the board may pursue legal action.
Discussion Question:
What additional enforcement options could the board consider in this case?
