A guide to condo rules and regulations

What are condo rules?

Condo rules are guidelines created by a condominium corporation to regulate how owners and residents use their units and common areas. In Ontario, condo rules are meant to address everyday issues, help the property operate effectively, and reduce conflicts between residents. Unlike the declaration or bylaws, condo rules may be easier for boards to change, allowing them to respond to evolving community needs.

Condo rules and regulations must be reasonable and consistent with the Ontario Condominium Act. They cannot conflict with the corporation’s declaration or bylaws. The goal is to balance individual property rights with the shared interests of the community. Rules typically address practical issues like pets, noise, and amenity use. Boards in Ontario must follow a formal process before adopting new condo rules and regulations. This usually includes providing owners with a notice of the proposed rule, explaining why it is needed, and allowing a feedback period before the rule takes effect.

This article is provided for general informational purposes only and does not constitute legal, financial, or real estate advice. Laws change frequently and vary by province. Readers should consult with a qualified professional for advice specific to their individual circumstances.
 

Examples of condo rules

Condo rules and regulations in Ontario vary by community, but many address common issues that affect daily living. Here are some examples of typical rules:

• Noise restrictions: Many condos set quiet hours, often between 10 p.m. and 7 a.m., to minimize disturbances. Rules may also prohibit loud music, parties, or construction during certain times.
   
• Pet restrictions: Rules may limit the number, size, or type of pets. Some boards restrict certain breeds or require owners to register their pets with management, with certain exceptions for service animals.
   
• Amenity use: Pools, gyms, party rooms, and other shared spaces often have rules about booking procedures, hours of operation, and maximum occupancy.
   
• Parking regulations: Rules may designate how visitor parking is used, restrict commercial vehicles in parking lots, or require owners to keep their assigned spaces clean.
   
• Unit appearance: Boards often adopt rules about balcony use, decorations, and window coverings to maintain a consistent exterior appearance.
   
• Short-term rentals: Many condos have rules restricting or prohibiting rentals through platforms like Airbnb to support security and reduce wear on common areas.
   
• Waste disposal: Rules may specify how and when garbage, recycling, or large items must be disposed of.

Each condo corporation may also have rules tailored to its unique property, such as restrictions for rooftop decks, storage lockers, or bike rooms.
 

Governing documents

Condo rules and regulations in Ontario are just one part of a larger set of governing documents that control how a condo community operates. These documents are legally binding on all owners and residents.

The three main governing documents are:

• Declaration: This is the highest-level document. It describes the legal structure of the condo, the boundaries of the units and common elements, and the proportionate ownership interests of each unit. It can only be changed by a vote of owners, and amendments typically require a high level of approval.
   
• Bylaws: Bylaws explain how the condo corporation operates internally. They cover topics like the number of directors on the board, election procedures, the duties of officers, and how meetings are called and conducted.
   
• Rules: Condo rules and regulations are more flexible than bylaws and may be changed by the board as long as the process in the Condominium Act is followed. Rules focus on practical, day-to-day matters that affect residents’ use and enjoyment of the property.

Boards need to be careful when creating or amending condo rules and regulations to avoid inconsistency with the declaration or bylaws. If a rule conflicts with higher-level documents, it may be unenforceable. Always consult with your condo corporation’s attorney and condo management company when creating or amending your governing documents.
 

How to create condo rules and regulations

Once the board has reviewed its governing documents, board members are ready to draft new condo corporation rules and regulations. The first step to establishing rules is to err on the side of common sense and make sure that new regulations solve problems, not exacerbate them. When drafting new rules and regulations, it is important to be fair and consider the community. Rules should enforce things that improve the community, keep the residents safe, and increase property value.

It is also essential to assess the long-term value of new rules. What outcomes does your board expect? Are they achievable? New regulations should solve problems now, not create new issues in the future.
 

Communicate rule/policy changes

When establishing new regulations for your community, be clear and concise when communicating with residents. Educating residents is key to getting them to comply and follow the new rules.

When it comes to communicating with residents, the board should:

• Clearly state the reason for setting the new policy
   
• Explain what new rules entail
   
• Explain how they will be enforced
   
• Enforce them consistently

Communicate to all residents via multiple channels like email, message boards in common areas, the community’s newsletter, social media, and even mail. Though people don’t usually think of new rules as exciting or welcome news, sometimes a rule change means that residents have access to more parking or can do more extensive landscaping. It is essential to keep residents in the loop about new regulations because not only does it help them to be compliant, but it also can help with community engagement and resident satisfaction.
 

What to know about enforcing condo rules

While most residents will comply with policies, it is important to remember that every community has a small percentage of compliance issues. That is why it is essential to draft a detailed enforcement plan that lays out what steps will be taken if a resident violates a regulation. That includes initial warnings, written notices, fines, and legal next steps so that residents understand the process and the penalties for breaking the rules.

Enforcing the rules is key to maintaining the property’s value and the residents’ safety, so the community should enforce them consistently. It is crucial to be fair when drafting new regulations, and it is equally important to enforce them fairly. That means that violations are dealt with the same way across the board, and there should be no preferential treatment to any residents.

However, there are some cases where exceptions can be made. Boards should review all violations on a case-by-case basis and pass a special resolution if necessary. For example, suppose a community doesn’t allow dogs over a certain weight. In that case, they may pass a special resolution to allow a service dog that exceeds the weight limitation in their pet policy. A board must consider all violations individually to determine if exemptions should be made.

Your board can create new condo corporation rules and regulations that enhance not only your community but also your residents’ lives. FirstService Residential is here to guide you towards establishing rules that make sense and make improvements.

For more information about governing documents, rule enforcement, or areas where your board can improve, contact FirstService Residential Ontario today.