Enforcement and Sanctions in Alberta Condo Management
Condominium corporations may impose sanctions, such as fines, on owners, tenants, or invitees who breach condominium bylaws.
WHAT YOU'LL LEARN
Sanctions for breaches of condominium bylaws
Real-world scenarios involving breaches of bylaws
Fairness and proportionality of sanctions
Case Study
Appropriate sanctions for breaches of condominium bylaws
Condominium corporations may impose sanctions, such as fines, on owners, tenants, or invitees who breach condominium bylaws. These sanctions must comply with the bylaws and cannot exceed the limits set out in the CPA.
Notice Requirements: Before imposing a sanction, the board must provide written notice to the individual involved, clearly outlining the nature of the breach, the specific bylaw violated, and the proposed sanction.
Limits on Sanctions: Sanctions cannot include actions that contravene bylaws, such as seizing property or acting in a way that violates the individual’s rights under the CPA.
Prohibition of Certain Sanctions: Corporations cannot sanction owners for failing to comply with condominium rules, as opposed to bylaws, unless the rules are explicitly referenced in the bylaws.
Appeals and Disputes: If an individual believes a sanction was imposed unfairly, they may challenge it in court.
Activity
Scenario: A unit owner continuously violates a noise bylaw by playing loud music after 10 PM. The corporation imposes a $200 fine.
Question: Based on the CPA, explain whether this sanction is appropriate and the steps the board should take before imposing the fine.
Real-world scenarios involving breaches of bylaws
Step-by-Step Enforcement:
Identify the breach: Confirm that the action violates a registered bylaw.
Notify the individual: Provide written notice, clearly explaining the breach and the potential consequences.
Allow a reasonable opportunity to comply: Give the individual time to rectify the issue (e.g., stop the noise, remove unauthorized modifications, etc.).
Impose sanctions: Issue fines or apply other enforcement measures as permitted by the bylaw, ensuring the sanction is proportional to the breach.
Maintain records: Document all communications, notices, and decisions in case of disputes or court challenges.
Examples of Sanctions:
Fines: Monetary penalties for repeat violations, such as parking in prohibited areas or failing to remove unauthorized modifications.
Restricted Access: Revoking access to amenities, such as fitness facilities or party rooms, for breaches that affect the common property.
Activity:
Scenario: A tenant parks in a visitor-only parking stall multiple times, despite receiving warnings. The condominium corporation fines the unit owner $100 per violation, as permitted under the bylaws.
Task: Outline the steps the board must take to ensure this fine is imposed in compliance with the CPA.
Fairness and proportionality of sanctions
Fairness:
Sanctions must align with the severity of the violation and be reasonable under the circumstances.
Boards must consider whether the violator was provided with sufficient notice and an opportunity to comply before imposing the sanction.
Ensure consistency: Similar violations must result in similar sanctions to avoid claims of bias or discrimination.
Proportionality:
The amount of a fine or the restriction imposed should correspond to the nature and impact of the violation.
Minor infractions, such as leaving items in a common hallway, should not result in excessive fines.
Serious violations, such as unauthorized structural changes to a unit, may warrant higher fines or legal action.
Principles of Natural Justice:
Transparency: Ensure the individual understands the bylaw, the violation, and the sanction.
Right to appeal: Allow individuals to challenge sanctions if they believe the process was unfair.
Avoiding conflict of interest: Board members involved in the dispute should recuse themselves from voting on sanctions.
Case Study
Scenario: A unit owner installs an unauthorized hot tub on their balcony, which violates the bylaws prohibiting modifications to exclusive-use common property. The board imposes a $1,000 fine and demands the immediate removal of the hot tub. The owner claims the fine is excessive and challenges the decision in court.
Task: Evaluate whether the fine and removal order were appropriate, considering the principles of fairness, proportionality, and compliance with the CPA.
Questions for Evaluation:
Did the board provide adequate notice to the owner and allow a reasonable timeframe for compliance?
Was the $1,000 fine reasonable given the nature of the violation?
Would a court likely uphold the board’s decision or require adjustments to the sanction?
