FAQs

This is one of the most frequently asked questions especially as it relates to a condition made by a purchaser when making an offer to buy a unit. The answer is, “it depends”. Refer to the Condominium Corporation’s bylaws, usually under the Occupancy Rules and Regulations Section. Most Bylaws allow pets upon application and with written Board authorization. Each Board can set a policy regarding pets as to size, breed and number. Some bylaws and or policies, however, specifically prohibit pets. Also, most bylaws will stipulate that the Board of Directors does have the authority to rescind their approval particularly if there have been breaches of the bylaws regarding pets.

The short answer to your question is yes. There is a court decision from Alberta that has confirmed that it is perfectly legal to have age restrictions in condominium corporations. The courts have also said that the human rights legislation does not apply to condominiums. Therefore, before you buy this particular condominium, please have someone review the bylaws to determine whether or not you must be a certain age to reside in the unit.

It must first be determined if the municipality will issue a license for this type of home-based business. If such a home-based business is not permitted under the land-use bylaw of your municipality, then the whole issue and discussion with your condominium corporation is irrelevant. However, if the municipality would grant you a licence to operate, then you would have to review the bylaws of the Condominium Corporation to determine what type of uses can and will be permitted in the various units. Many bylaws do not allow businesses that would generate traffic from the public on a regular bases. For example, a hair salon or day care in a unit would have members of the public coming and going and for insurance liability reasons and for possible noise and or parking problems, these types would not be authorized. Whereas an internet-based business would likely be permitted.

You must refer to the Condominium Corporation’s bylaws, usually under the Parking Regulations Section. In most cases, the bylaws prohibit owners parking in visitor stalls. These stalls are for the use of a guest and occasional visitors. If the visitor stalls are to be used by our of town guests, for example, for a few days or a week, the owner should obtain a visitor parking permit to be displayed on the front dash board of the vehicle. Sometimes, Owners will play the game of using these visitor permits for their second vehicle and hope that the Board of Directors will not notice this infraction. However, vigilant Boards often assign parking duties to one of their members whose responsibility it is to monitor such action of Owners. Frequently fines are levied for these infractions. Owners may ask, where then can I park my second vehicle? In this case the principal of “Caveat Emptor”- buyer beware – applies. Owners must do their due diligence when purchasing a condominium unit and to inquire about the parking regulations prior to buying.

You must refer to the Condominium Corporation’s bylaws, usually under the Occupancy Rules and Regulations Section. In most cases, owners must apply in writing to the Board but some bylaws prohibit these dishes all together. For those condominiums that allow satellite dishes, there usually are polices that limit the number, size, location and method of installation. Quite often there will be the stipulation that the applicant must obtain written approval from adjacent neighbours and that any damage to the common property is the applicant’s responsibility.

You must refer to the Condominium Corporation’s bylaws, usually under the Occupancy Rules and Regulations Section. In most cases, owners must apply in writing to the Board but some bylaws prohibit these unit all together. For those condominiums that allow air conditioners, there usually are polices that limit the size, location, method of installation and decibel rating. Quite often there will be the stipulation that the applicant must obtain written approval from adjacent neighbours and that any damage to the common property is the applicant’s responsibility.

First, Boards of Directors often look to municipal bylaws to check if an activity is permissible. In Calgary fire pits are authorized under regulations of the Community Standards Bylaw 5M2004. Then, Boards must decide whether to permit these uses in consideration of safety and whether they are in the best interests of the community. You must refer to the Condominium Corporation’s bylaws, usually under the Occupancy Rules and Regulations Section. In most cases, the bylaws prohibit fire pits. However, recently a product called a “fire table”, is the hottest backyard accoutrement. As it is fueled by propane or natural gas, there is no current City regulation governing this product and the City is treating it like a propane or gas BBQ. Consequently, Boards are having to review their bylaws and policies to determine if this item is acceptable.

You must refer to the Condominium Corporation’s bylaws, usually under the Occupancy Rules and Regulations Section. In some cases, owners must apply in writing to the Board but in most condominiums the bylaws prohibit these all together. Occasionally, owners or residents will apply to the Board for permission to rent a hot tub for a specific party or function. The Board then must decide in consideration of factors such as safety, noise and act in the best interests of the community. In most cases, these applications are denied.

You must refer to the Condominium Corporation’s bylaws, usually under the Occupancy Rules and Regulations Section. In most cases, owners must apply in writing to the Board. There usually are polices that limit the size, location and method of installation. For sale signs, for example, are frequently allowed only in the interior of windows. It is interesting to note that due to the elections act, campaign signs cannot be prohibited.

Although these exterior areas adjacent to your unit are for your exclusive use, the Board has authority to approve any improvements made within these areas. Owners must apply in writing to the Board and complete what is often called a “Request and Undertaking “ form. The owner should provide as much information as possible including any photos or drawings to show the location and nature of the improvements. If approved, these improvements become the responsibility of the owner and successive owners to maintain, repair and replace. Oftentimes, responsibility of improvements are noted on Estoppel certificates provided at the time of sale. Purchasers must be aware that they become responsible for these improvements.

You must refer to the Condominium Corporation’s bylaws, usually under the section that provides for renovations with regard to plumbing and heating and electrical improvements. In most cases, owners must apply in writing to the Board. There usually are polices that specify that appropriate permits must be first obtained and that the work must be completed by a qualified gas fitter or mechanical contractor. Quite often there will be the stipulation that any damage to the common property is the applicant’s responsibility.

You must refer to the Condominium Corporation’s bylaws, usually under the section that provides for renovations. In most cases, owners must apply in writing to the Board. Due to noise transference with hard-surfaced flooring, there usually are polices, especially in apartment-style condominiums, that specify that appropriate noise attenuation underlay is installed. Quite often there will be the stipulation that should any adjacent unit complain of noise, the Board may request the owner to remove this type of flooring.

The bylaws of most Condominium Corporations stipulate that Owners must apply in writing to the Board and complete what is often called a “Request and Undertaking “ form. The owner should provide as much information as possible including any photos or drawings to show the location and nature of the improvements. If there are any ”load bearing” walls that are to be removed, an engineer’s stamp must accompany the plans. There usually are polices that specify that appropriate permits must be first obtained and that the work must be completed by a qualified contractor. Also the bylaws and or policies can stipulate the times during the day and days of the week that such work can take place. Such regulations are for the purposes of noise and not unduly interfering with the quiet enjoyment of neighbours. Further, if approved, these improvements become the responsibility of the owner and successive owners to maintain, repair and replace. Oftentimes, responsibility of improvements are noted on Estoppel certificates provided at the time of sale. Purchasers must be aware that they become responsible for these improvements.

Actually, anything that affects the exterior appearance of a unit comes under the domain of the Board. The Board, under the Condominium Act and bylaws, has the responsibility and duty to control, maintain, administer and manage the common property and establish reasonable policies that are in the best interests on all the owners. Should the Board, in their opinion, determine that tin foil or a flag in a window unduly affects the appearance of the community, the Board can request that these items be removed. Further, if window coverings are bright florescent colours and tattered in appearance, then the Board may have justification to ask the owner to remove them.

Neither the Condominium Act or bylaws can stipulate that an owner cannot rent their unit. However, within both the Act and bylaws, there are rules and regulations for renting. Landlords have the obligation to inform the Board of their intention to rent and must provide current tenant contact information. Further, the owner must provide his tenants with a copy of the current bylaws of the Condominium Corporation and return a form signed by his tenants acknowledging that the tenants have read, understood and will comply with these bylaws. Such forms are available from the condominium manager and, once completed, are held on file. Also, the Act and most bylaws provide that the Condominium Corporation can request a landlord to provide to the Condominium Corporation a deposit equal to one month’s rent. Such deposit is held in the Condominium Corporation’s account for the time the unit is rented.

Both the Condominium Act and most bylaws provide the Board the legal authority to evict. Of course, this decision is not to be taken lightly by any Board, but rather, it is the final step due to continued and flagrant abuse and breach of bylaws of the Condominium Corporation. In most cases, the Board, usually through its manager, requests the cooperation of the owner of the unit to institute eviction proceedings. Should the owner be reluctant to do so or will not cooperate with the Board, then a letter can be sent stating that eviction is effective on the last day of the month following the month the eviction notice was sent. For example, if notice was sent September 20, 2015, then the eviction is effective for October 31, 2015.

There have been several cases in Alberta where the courts have evicted an owner from his or her unit due to the severity of the breaches of the bylaws. However, the court did not force the owner to sell the unit. Thus there is no law in Alberta that can allow a Condominium Corporation to force an owner to sell his or her unit.

The Condominium Act provides fining authority to Condominium Corporations up to a maximum of $10,000.00. If such authority is contained with the Corporation’s bylaws, then the Board of Directors has the authority to levy reasonable fines for breaches of bylaws. Should an owner object to such fines, then the Corporation would have to go to court to obtain a ruling in their favour. Therefore, a fining schedule levied by the Board must be reasonable and in keeping with the nature of the bylaw contravention. Often times, Boards will use a fining structure similar to municipalities for fines relating to noise, untidy yards, parking and pet violations. Fines can be a useful method of controlling habitual violators.