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ARTICLE · 07 APRIL 2016

Condo Bylaws Must Grant Authority To Issue Fines

Miller Thomson
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Recently, our condo board distributed a 15-page booklet to each owner, called "Information Booklet and Condo Policies."

CanadaReal Estate and Construction

Q: Recently, our condo board distributed a 15-page booklet to each owner, called "Information Booklet and Condo Policies." It contains a repeat of some bylaws, as well as some new rules. For example, it states that we are not allowed to feed birds or install bird feeders, and outdoor clotheslines are not allowed. If an owner contravenes any of these rules, they may be subject to a fine. However, our bylaws state that the condominium corporation may only collect a fine if damage has occurred. Does the condo board have the right to impose rules plus bylaws?

A: The ability to issue a fine must come from the bylaws. If your bylaws do not give you the ability to issue a fine for a particular infraction, then the board cannot implement a set of rules to get around that deficiency in the bylaws. There is nothing preventing a board from passing rules to give people additional guidance in terms of how they are to live and operate in the building. However, you cannot pass a

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