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    Ontario condominium law: Are all the rules legal?

    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.

    The content on this website is for information purposes only and is not legal advice, which cannot be given without knowing the facts of a specific situation. You should never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. The use of the website does not establish a solicitor and client relationship. If you would like to discuss your specific legal needs with us, please contact our office at 613-563-7544 and one of our lawyers will be happy to assist you.

    Posted By: Kelli-Anne Day of Merovitz Potechin LLP

    Associate

    After joining Merovitz Potechin LLP in 2013 as a student, Kelli-Anne articled with the firm’s litigation team and was called to the Ontario Bar in 2018. As a litigator, Kelli-Anne combines her passion for the law with a strong sense of practicality in order to obtain cost-effective solutions for her clients. In her practice, Kelli-Anne is typically in court on a weekly basis and has appeared before the Ontario Superior Court of Justice, Small Claims Court and the Divisional Court. In addition, Kelli-Anne has experience with written advocacy before the Ontario Court of Appeal. Her main areas of practice are commercial litigation, condominium dispute resolution, bankruptcy, and collections. Kelli-Anne also represents landlords in residential tenancy disputes.

    While pursuing her law degree at the University of Windsor, Kelli-Anne was the captain of her intramural hockey team, served as an Associate Editor of the Windsor Review of Legal and Social Issues, and competed in several mooting competitions where she had success arguing before Justices of the Court of Appeal for Ontario and the Supreme Court of Canada.

    When she is not in court, Kelli-Anne enjoys live music, playing hockey, and spending time with her family.

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