Short Answer: The Bylaws may become unenforceable.
Condominiums have a duty under the Condominium Property
Act, RSA 2000 c C-22 to enforce their Bylaws and ensure
compliance by all unit owners and occupants. But they must also
ensure that such enforcement is done on a consistent basis and in a
timely fashion, which means taking the first enforcement steps
promptly upon learning that a Bylaw is not being followed.
A recent decision by Ontario's Condominium Authority
Tribunal (CAT) confirms that if a Bylaw is not enforced by the
corporation for some time, it may become unenforceable, requiring
the condo corporation to take additional steps before having the
power to enforce compliance with that Bylaw once again.
