The Condominium Act & Information
Compliance
NOTE: All references to Section numbers refer to sections in The Condominium Act (SM 2011, c. 30, Sch. A).
Who must comply with (obey) The Condominium Act and regulations, and a condominium corporation’s declaration, by-laws and rules?
Those who must comply include:
- a condominium corporation
- the directors, officers, employees and agents (ex: property manager) of a condominium corporation
- a declarant or owner-developer
- a unit owner
- a commercial lessee (someone who leases a unit for business purposes)
- any person occupying a unit, other than a tenant
- a holder of a registered instrument (such as a mortgagee), who is in possession of a unit
The condominium corporation, unit owners and unit mortgagees have the right to require all unit owners, and all other unit occupants, to comply with the act and the corporation’s declaration, by-laws and rules.
Section 213(1) and (2)
Does a condominium corporation have a responsibility to make sure the act, declaration, by-laws and rules are complied with?
Yes. It is the condominium corporation’s duty to take all reasonable steps to make sure the unit owners and the corporation's commercial lessees, employees and agents comply with the act and the corporation's declaration, by-laws and rules.
Section 213(3)
What responsibilities do unit owners have to make sure others comply?
Unit owners have a duty to take all reasonable steps to make sure the following people comply with the act and the condominium corporation's declaration, by-laws and rules:
- a person occupying the owner's unit
- a tenant of the owner's unit (see note below)
- a commercial lessee of the owner's unit
- an employee or agent of the unit owner
- any other person allowed on the property by the unit owner
Note: Unit owners who are landlords must give their tenants copies of the parts of the condominium corporation’s declaration that the tenants must comply with, and the by-laws and rules as required by section 56.1 of The Residential Tenancies Act.
Section 213(5) and (6)
Are occupants responsible for ensuring the compliance of others they allow on the property?
Yes. All unit occupants must take all reasonable steps to make sure anyone they allow on the property complies with the act and the condominium corporation's declaration, by-laws and rules. Their guests are required to follow the same rules they must follow (ex: not cause a disturbance).
Section 213(7)
To learn about a residential tenant’s obligations to comply with The Condominium Act and the corporation's declaration, by-laws and rules, see section 75.1 of The Residential Tenancies Act.
Section 213(8)
What can a condominium corporation do if someone breaches the act or the corporation’s declaration, by-laws or rules?
The condominium corporation can take reasonable steps to fix the breach, including:
- doing work to, or in, a unit or the common elements
- removing items from the common elements (see example below).
However, before doing this, the condominium corporation must first give the unit owner:
- a written notice outlining details of the breach the corporation intends to fix
and - a reasonable amount of time for the unit owner to fix the breach.
For example, if a condominium corporation’s declaration says no unit owners may put up structures on their balconies, and a unit owner puts one up, the corporation must give the owner written notice to remove the structure and a reasonable length of time to do so.
If the unit owner doesn’t comply, the corporation can have the structure taken down. The cost of the work may be added to the common expenses the unit owner must pay.
Section 215(1), (2), and (4)
Can a condominium corporation stop occupants from using a recreational facility (ex: pool) that is part of the common elements?
Yes. A condominium corporation may stop a unit owner, tenant, other occupant, or any other person allowed on the property, from using a recreational facility that is a common element for a reasonable length of time, if the person breaks a by-law or rule relating to the facility.
Before denying the use of a recreational facility, the condominium corporation must first give the person:
- a written notice with details of the breach or violation
and - the opportunity to fix it or have it fixed (if this applies).
When a condominium corporation denies someone the use of a recreational facility, the person has the right to be heard by the board. This may include being heard at a board meeting.
Section 216
Fines
Can the board of a condominium corporation fine a unit owner when a by-law or rule is broken?
Yes, the board may fine a unit owner if a by-law or rule of the corporation is broken by:
- the unit owner
- a tenant or other occupant of the owner’s unit
- a person allowed on the property by the unit owner, or a tenant or other occupant of this 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).
Section 218 (1) to (4)
Condominium Regulation, Section 42
Does the board need to give a unit owner notice before imposing a fine?
Yes. The board must give the unit owner a written notice that includes:
- details of the breach
- the amount of the fine
- how many times, and how often, the fine may be imposed if the breach continues (if this applies).
The written notice must also give the unit owner a chance to reply and to be heard, in person, at a board meeting. As well, owners must be given the chance to take care of the problem.
Section 218(6)
Can a unit owner appeal the board’s decision to impose a fine?
Yes. If, after giving the unit owner a chance to be heard, the board decides to impose a fine, the unit owner can appeal the board’s decision by filing a written notice of appeal with the Director of the Residential Tenancies Branch.
This must be done within 30 days after the owner receives written notice of the board’s decision.
Section 218(7) and (8)
Need more information?
For further information on compliance, fines and the appeal process, see:
- Part 12 of The Condominium Act
- Sections 42 - 46, of the Condominium Regulation
Dispute Resolution
Sometimes, a person may believe another party is not living up to their obligations or responsibilities under the act, the corporation’s declaration, the by-laws or the rules.
A dispute (disagreement) between the following parties can be resolved through mediation or arbitration (see definitions below):
- a unit owner and the condominium corporation
- two or more unit owners
- the declarant and the condominium corporation
- a unit owner and an occupant of another unit (other than a tenant)
Section 220
What is mediation?
Mediation is one way for people to settle disputes. Mediation is a voluntary process (which means that all parties involved in the dispute must agree to try mediation). The mediator is a neutral person (someone who will not take sides), who meets with the people involved and helps them come to an agreement that all parties can live with.
Mediation is a confidential (private) process. The parties and the mediator must keep any information that is exchanged in a mediation setting confidential.
Section 221(1), (3), and (5)
Who chooses the mediator?
The parties involved in the dispute choose the mediator.
Section 221(1)
What happens if an agreement is reached?
If the parties settle their dispute, the mediator must make a written record of the settlement, which will form part of the agreement.
Section 221(4)
What happens if an agreement cannot be reached?
The parties may choose other means to settle the dispute, such as going to court.
Section 221(7)
Who pays the costs of the mediation process?
Each side must pay a share of the mediator's fees and expenses that either:
- the parties have agreed to pay
- the settlement states (if a settlement is reached)
- the mediator sets out (if mediation doesn’t settle the dispute)
Section 221(6)
What is arbitration?
Arbitration is a quasi-judicial process (similar to a court process), where a neutral third party hears each side of a dispute and makes a decision. All parties in the dispute must agree to arbitration. The Arbitration Act applies to arbitrations under section 222 of The Condominium Act.
Section 222(1) and (3)
How are mediation and arbitration different?
In mediation, the parties involved try to come to an agreement with the help of a mediator.
In arbitration, the arbitrator hears evidence from the parties involved and then makes the final decision.
Who chooses the arbitrator?
The parties involved in the dispute choose the arbitrator.
Section 222(2)
Who pays the costs of the arbitration process?
Each party must pay the part of the arbitration fees and expenses that they’ve agreed to pay or that the award (the amount the arbitrator decides on) sets out.
Section 222(4)
What happens if the arbitrator is unable to make an award (unable to decide)?
If the arbitrator can’t make an award, and puts that in writing, the parties can choose any other legal process available to them.
Section 222(5)
Court Orders
Asking the courts to make a decision on an issue, by applying for an order, is another way to solve a dispute.
Who can apply to the court for an order?
Any of the following may apply to the court for an order to correct a breach of the act, or of the corporation’s declaration, by-laws or rules:
- a unit owner
- a condominium corporation
- a declarant
- an owner-developer
- an occupant of a proposed unit
- a holder of a registered instrument involving the unit (ex: a contractor who has placed a lien against a unit for unpaid work)
Section 223(1)
What kinds of orders can the court make?
The court can make an order:
- requiring compliance with any part of the act or the condominium corporation's declaration, by-laws or rules
- requiring a change be made to the declaration or plan (as set out in the order)
- requiring damages to be paid if the person who applied for the order has suffered a loss or damage because of a breach of the act, declaration, by-laws or rules
- requiring someone to do something they are required to do under the act, declaration or by-laws
- directing that a breach stop
- appointing an administrator
- requiring the payment of costs
or any other order the court considers appropriate.
Section 223(2)
What happens if the court appoints an administrator?
If the court appoints an administrator, the court order will set out the time period for the appointment, any terms and conditions of the appointment, and the powers and duties of the administrator. The condominium corporation must pay for the administrator out of the common expenses fund.
Section 223(3), (4), and (5)
What if I don’t understand my rights?
If you are a unit owner, condominium corporation, or any other person affected by the act, or by the corporation’s declaration or by-laws, you may apply to the court for an order stating your rights and responsibilities.
Section 224
What can I do if I feel there’s been improper conduct?
You can apply to the court for an order, if you are a:
- unit owner
- condominium corporation
- buyer of a proposed unit
- declarant or owner-developer
- holder of a registered instrument involving a unit
What is considered improper conduct?
The act says improper conduct is:
- the conduct of the condominium corporation's business affairs in a manner that is oppressive (harsh) or unfairly prejudicial (damaging) to the applicant, or that unfairly disregards (doesn’t consider) the applicant's interests
- the exercise of the board's power in a manner that is oppressive or unfairly prejudicial to the applicant or that unfairly disregards the applicant's interests
- the conduct of the declarant or owner-developer with respect to the applicant or a buyer or potential buyer in a manner that is oppressive or unfairly prejudicial or that unfairly disregards the interests of any of them
If someone believes that improper conduct has taken place, they may wish to speak to a lawyer.
Section 225(1) and (2)
What can the court do if it finds improper conduct has taken place?
The court can make an order:
- prohibiting (forbidding) the behaviour referred to in the application
- requiring an amendment (change) to the condominium corporation's declaration or plan
- giving directions that ensure the improper conduct will not continue or happen again
- requiring the payment of compensation to the applicant, if he or she suffered a loss or damage due to the improper conduct
- requiring the payment of costs
or any other order the court considers appropriate.
Section 225(3)
Need more information?
For further information on compliance, fines, dispute resolution or court orders, see:
- Part 12 of The Condominium Act
