Board Authority Over Tenants
Condominium corporations have the authority to enforce bylaws against both owners and their tenants. However, enforcement is primarily against the owner, not the tenant directly.
Unit owners are responsible for ensuring their tenants comply with condominium bylaws.
Condominium boards can issue sanctions, warnings, and fines if a tenant breaches bylaws.
If necessary, boards can take legal action against the owner if tenant issues persist.
Enforcement Actions for Tenant Violations
The CPA and bylaws provide enforcement tools to address tenant violations, including:
Enforcement Action | Description |
Warning Notices | First step in addressing violations; provides written notice of the issue. |
Fines & Sanctions | Many corporations have fine structures for repeat bylaw violations. |
Common Expense Recovery | If tenant damages common property, the board can recover costs from the owner. |
Legal Action | If an owner does not resolve tenant violations, the board may take legal steps, including court applications. |
Eviction Process | While condominium boards cannot directly evict tenants, they may work with the owner or seek legal orders in extreme cases. |
Financial Responsibility: Holding Owners Accountable
Owners are financially responsible for any damages their tenants cause to common property.
If a tenant damages the property or repeatedly violates bylaws, the board may charge the repair costs back to the owner.
Failure to pay could lead to a caveat against the owner’s unit, recoverable under the CPA.
Tenant Violation Case Study
Scenario:
A tenant repeatedly violates noise bylaws, causing disturbances to other residents. Despite multiple warnings, the tenant continues to host late-night parties.
Task:
As the condominium manager, you must:
Analyze available enforcement tools (warnings, fines, legal steps).
Advise the board on the appropriate steps under the CPA and bylaws.
Determine the financial liability of the owner if damages occur due to tenant actions.
Considerations for Enforcement:
Has the tenant received prior warnings?
What do the condominium bylaws state regarding noise violations?
Should fines or legal action be pursued?
If the owner does not cooperate, what next steps can be taken?
