Condominium living can come with a lot of rules. Ontario residents may wonder whether some of those rules are legal under condominium law. For instance, there are rules that stipulate what paint colours can be used in a unit or the colour of window coverings, and what pets can and can't share the space. But do condo boards have the right to impose these rules?
Basically, the answer hinges on two premises: what the rule actually speaks to and what means are used to adopt the rule. The bottom line is that rules can stipulate the use of individual units and common areas of the building. So, the condo corporation does have some say over what people can do in their own units. These rules are adopted by condo boards and handed out to owners, who then have 30 days to speak to the issues at hand.
If no one calls for a meeting within that 30-day period, the rule becomes effective on the date set out by the board. If a meeting is called and the rule isn't defeated by a majority of voting owners or if there is not a quorum at the meeting -- the new rule stands. Rules, once adopted, are just as enforceable as condominium bylaws.
Condo living has many advantages. But for those who query whether a rule adheres to condominium law in Ontario, legal counsel should be obtained. A real estate lawyer is in a position to clarify any erroneous rules and is able to clarify areas that seem confusing or difficult to understand.
If you have any questions about condominium rules contact our Real Estate Group.