|
|
|
"Fences make good neighbors" was a popular saying some years ago. But while the saying is dated, the kernel of truth remains and, similarly, condominium bylaws can make condo homes more peaceful and well-run than other types of ownership.
The "fences" are the rules that everyone in a condominium corporation property agrees to live by. They detail what each owner shall and shall not do in their individual homes or on common property, and what the corporation of owners, through their elected Board of Managers, shall and shall not do on everyone's behalf.
In most instances, these regulations are common sense and are entirely predictable. Most people would pass a pop quiz with high marks if asked what is and is not permitted by standard condominium bylaws. And most people normally behave within the bounds of bylaws without being told what to do. Yet to be enforceable on the few who need guidance, bylaws are made formally possible through Alberta's Condominium Property Act, and become "law" upon adoption by the condo corporation at a general meeting of the owners.
When push comes to shove-and it occasionally had-justifiable bylaws have time and again been upheld by the courts. In effect, every condominium corporation Board of Managers is like a mini court and tiny city council rolled into one. The Board is responsible for taxing ("condo fees") and running the common property, and also for enforcing the law, namely the condominium bylaws.
As an example, a neighbor may continue to play music too loudly, despite requests from the Board to tone it down. The Board could decide to levy a $50 fine on that homeowner for the infraction, and a provincial court action can be taken to back up its fine. There are few avenues for appeal. If the owner refuses to pay, the fine is added to his/her condo fees. If the amount remains unpaid, a caveat can be filed against the owner's property title, preventing sale until the debt is cleared. And if there's a mortgage on the property, the mortgage holder will not renew the loan-and can even "call" the loan, unless condo fees and fines are paid.
So what is required, and what is NOT allowed, under most bylaws? Read the "owners shall" and the "owners shall not" (this includes their tenants, if suites are rented out) sections to find these common rules.
For example, owners SHALL:
* allow access for urgent repairs;
* do work required by a municipal authority;
* maintain and repair the living unit;
* notify the corporation of change in ownership.
Owners shall NOT:
* interfere with others' enjoyment of their property;
* cause a nuisance or hazard;
* use property for anything illegal;
* make undue noise;
* keep any animal other than as allowed by the bylaws;
* throw or drop anything from windows or balconies;
* hang over windows or balconies anything esthetically unpleasing;
* use a residence for commercial purposes;
* display signs or advertising.
Condo bylaws, then, can keep the peace among many people living in close proximity, be it condominium apartments, townhouses or single-family homes built on "bare land" condominium property. Rather than a municipal bylaw enforcement officer, condo owners can turn to fellow owners who are members of the Board of Managers for action-or they may themselves be members of the Board. Condo bylaws: common-sense rules for the common good.
|
