The Condominium Act & Information
Appealing a Fine
A condominium corporation’s board can impose fines on a unit owner when a by-law or rule is broken by:
- the unit owner,
- a tenant or other occupant of the owner’s unit, or
- a person allowed on the property by the unit owner, or a tenant or other occupant of the unit.
The condominium corporation’s by-laws must state the maximum amount a unit owner may be fined for breaking a by-law or rule. This amount is limited by section 42 of the Condominium Regulation, which says a condominium corporation may:
- charge no more than $100 for each breach
- impose this fine only once every seven days for a continuous breach of a by-law or rule (see below for an example of a continuous breach)
- impose a fine no more than 12 times in a 12-month period for a continuous breach of a by-law or rule
An example of a continuous breach may be keeping a pet in a unit that is supposed to be pet-free, as opposed to having a party every Friday night (each party would be a separate breach).
Unit owners can appeal fines imposed by the condominium corporation. This must be done within 30 days after the owner receives written notice of the board’s decision. A unit owner appeals a fine by filling out a Notice of Appeal – Fines form and filing it along with a non-refundable filing fee at the Residential Tenancies Branch (the branch) office closest to the condominium unit.
When the branch receives the Notice of Appeal – Fines form and the filing fee, they schedule a hearing. A hearing is a meeting at the branch where the unit owner and the condominium corporation give information to a hearing officer .The hearing officer then decides whether the unit owner must pay the fine(s) imposed by the condominium corporation.
The hearing officer will issue a decision with reasons for their decision – both the condominium corporation and the unit owner receive a copy of the decision. The decision by the branch is final.
How to file your appeal:- Complete the appropriate Notice of Appeal – Fines form. Use the form with the location that is closest to the condominium unit.
- Send or bring the form, along with the filing fee, to the branch office closest to the condominium unit.
Once the hearing is scheduled:
Once the branch schedules the hearing, the Notice of Appeal – Fine form will be given back to you, the unit owner.
The date, time and location of the hearing will be written on the form. You will also get a Fact Sheet on Hearings and Mediation and an Offer to Settle that you must give to the condominium corporation. You must serve the condominium corporation with notice of the hearing at least five days before the hearing date (you will be asked to fill in a Declaration of Service).
When you serve the condominium corporation, you must give them all of the following documents together:
- Notice of Appeal - Fine form (with the Notice of Hearing section filled out by branch staff)
- Important Information (page three of the Notice of Appeal – Fine form)
- Hearing and Mediation Fact Sheet
- Offer to Settle
Once you serve the condominium corporation, you must fill in a Declaration of Service which you will receive from the branch when you file your Notice of Appeal – Fine form. You must say how and when you served the condominium corporation.
Both parties are encouraged to come to the hearing. If you can’t come to the hearing, you can send in a written response. The branch must receive your response by noon on the day before the hearing. If you do not take part in the hearing, the branch may make a decision without you.
Forms:
Notice of Appeal – Fines (for Winnipeg and surrounding area)
Notice of Appeal – Fines (for Brandon and surrounding area)
Notice of Appeal – Fines (for Thompson and surrounding area)
Declaration of Service – Condominium
Application for Substitutional Service (for Winnipeg and surrounding area)
Application for Substitutional Service (for Brandon and surrounding area)
Application for Substitutional Service (for Thompson and surrounding area)
Hearing and Mediation Fact Sheet – Notice of Hearing – Condominium
Need more information?
For further information on fines and the appeal process, see:
- Compliance and Dispute Resolution
- Hearing and Mediation Fact Sheet – Notice of Appeal
- Sections 218 - 219 of The Condominium Act
- Sections 42 - 46, of the Condominium Regulation
You can contact the Residential Tenancies Branch for more information on hearings, mediation, or the Notice of Appeal – Fines process:
Winnipeg |
Brandon |
Thompson |
