What is Progressive Enforcement?
Progressive enforcement is a structured process condominium corporations use to ensure compliance with bylaws, rules, and the Condominium Property Act (CPA). It allows corporations to address violations in a fair and consistent manner by applying escalating enforcement actions based on the severity and frequency of non-compliance.
Why is Progressive Enforcement Necessary?
Encourages voluntary compliance from owners and residents.
Provides a transparent and predictable enforcement process.
Ensures condominium boards enforce bylaws consistently and fairly.
Reduces legal risks by following due process.
According to the Condominium Property Act, condominium corporations have the authority to enforce bylaws and impose penalties where necessary. These powers are subject to procedural fairness and legal requirements outlined in the CPA and related regulations.
Key Features of a Progressive Enforcement Policy
Clear Definitions of Violations
The corporation’s bylaws must clearly define what constitutes a violation.
Reference should be made to the Condominium Property Regulation to ensure compliance.
Consistent Notice and Warning Process
Progressive enforcement typically follows these steps:
Initial Written Warning – A notice is sent to the owner or resident informing them of the violation.
Follow-Up Notice – If the violation continues, a second notice with a deadline for compliance is issued.
Formal Demand Letter – Before penalties are applied, the corporation may issue a formal demand letter as a final warning.
Proportional Penalties
Penalties should escalate based on repeated or severe violations.
Potential penalties may include:
Fines (as allowed under the condominium corporation’s bylaws).
Legal action for ongoing non-compliance.
Other remedies outlined in the CPA and the corporation’s governing documents.
Right to Appeal
Owners must have an opportunity to dispute enforcement actions.
The appeal process should be clearly outlined in the corporation’s policies and bylaws.
Legal Compliance
All enforcement actions by a condominium manager on behalf of the condominium corporation must align with the CPA and the Real Estate Act Rules.
The condominium board and management must act in good faith and ensure due process is followed.
Why Documentation Is Critical
Proper documentation is essential for ensuring a fair enforcement process and protecting the condominium corporation from legal challenges.
Ensures Consistency and Fairness
Establishes a clear record of enforcement actions taken.
Ensures all owners and residents are treated equally under the bylaws.
Protects the Corporation from Legal Challenges
If a resident disputes a fine or penalty, written records serve as evidence that due process was followed.
Courts and regulatory bodies may require proof that enforcement was carried out lawfully.
Demonstrates Due Diligence
A well-documented enforcement process shows that the corporation acted reasonably and in accordance with the law.
