Enforcement success is crucial to maintaining harmony, safety, and property value in condominium (or strata) and homeowners’ association (HOA) complexes.
Bylaws and rules are what control the behavior of residents and how the community operates, but without enforcement, these become useless.
This article provides an overview of how boards can better enforce bylaws, the role of governing legislation such as the Condo Act, the consequences of lax enforcement, and realistic steps boards can take to resolve compliance issues.
Who’s Responsible? The Role of Boards and Bylaw Enforcement
Enforcement of bylaws is primarily the board of directors’ responsibility for a condo or HOA. Boards are tasked with ensuring that all residents comply with the governing documents, including bylaws, rules, and regulations, as well as with any relevant laws, including the Condo Act or state HOA statues.
Boards may delegate some enforcement duties to property management companies or committees but cannot waive compliance or turn a blind eye to infractions.
The board’s enforcement duties are:
- Addressing complaints and cases of noncompliance in a timely fashion
- Sounding out alleged breaches reasonably and fairly
- Communicating in clear terms to residents regarding alleged breaches and required cures
- Enforcing fines or legal action when appropriate
- Remedial education of residents in attempts to deter future breaches
Boards must balance firmness with fairness and open-mindedness, to ensure equal application and avoid appearance of favoritism, with resulting loss of trust in the community.
How Does the Condo Act Affect Enforcement?
The Condo Act sets out the statutory framework within which condo boards operate. It regulates the making and amendment of bylaws and rules to ensure they are not inconsistent with higher legislation or the condo corporation’s declaration.
For example, the Act prevents residents from causing “unreasonable nuisance, annoyance, or disruption,” a broad provision that can be enforced even if it is not expressly stated in the bylaws.
The Act also establishes mechanisms for resolving conflicts, such as the Condominium Authority Tribunal (CAT), which boards can use to resolve enforcement disputes without recourse to court. For more severe or unresolved issues, legal counsel can refer cases to mediation, arbitration, or the Superior Court of Justice.
Knowledge and adherence to the Condo Act help boards enforce bylaws legally and effectively while protecting residents’ rights.
Recommended Tool: Condo & HOA Benchmark Reports for Property Managers
The Cost of Not Properly Enforcing Condo or HOA Bylaws
Failing to enforce bylaws can have several negative consequences:
- Reduced Property Values: Non-compliance can lead to unsightly or unsafe conditions that dissuade prospective buyers and reduce market values.
- Unhappy Residents: Ignoring infractions can lead to conflict and discontent among residents, destroying camaraderie.
- Legal Liability: Boards are vulnerable to lawsuits if they do not enforce bylaws regularly or neglect to carry out their fiduciary duties.
- Financial Impact: Failure to carry out maintenance or conduct issues potentially costs repair, increased insurance costs, or special assessments.
- Loss of Authority: Unpredictable enforcement undermines the credibility and regulation ability of the board.
How to Better Enforce Bylaws
Condo & HOA Managers face a tricky balancing act when it comes to bylaw enforcement. On one hand, enforcement is essential to maintaining order, protecting property values, and establishing a healthy community environment.
On the other hand, you want to encourage voluntary compliance rather than impose punitive fines and strengthen positive relationships with owners.
The following tips and guidelines will help improve compliance and enforcement processes, complemented by practical advice and implications under the law. Let’s dive in.
1. Document & Address Issues or Complaints Immediately
Prompt Acknowledgment
It’s important that upon receipt of a complaint report or infraction and promptly acknowledge acceptance to signal to residents that the board takes their issues seriously. Prompt response to the complainant also reduces frustration and avoids escalation among residents.
Initial Investigation
In the beginning, gather initial facts via discussion with the concerned parties, witnesses, or management of properties. This may include visitation to the location or examination of photographic or video records.
Record Keeping
Maintain full records of the complaints, such as dates, times, descriptions, and all contact made. This record is necessary in case enforcement reaches the level of legal proceedings or dispute resolution.
2. Board Review & Complaint Determination
Collective Review
The board must address complaints collectively in a formal meeting so that there is transparency and neutrality. This prevents one-sided decisions and consensus.
Verify Facts
Verify the authenticity of the complaint by cross-referring against regulations, bylaws, and applicable legislation such as the Condo Act. Relying on legal advisers will identify whether the alleged action constitutes a violation and how to act.
Determine Responsible Parties
Determine who is responsible for the violation—tenant, owner, or occupant—and make sure that the complaint is filed with the correct individual.
3. Have Communication Procedures and Templates to Assist in Handling Complaints
Standardized Templates
Develop professional, clear letter templates for first warnings, reminders, and final notices. Templates should reference applicable bylaw sections, describe the infraction, and include required corrective measures and timelines.
Communication Protocols
Determine who talks to residents (board member or property manager) and how (email, certified mail, in-person contact). Standardized communication avoids miscommunication and legal challenges.
Tone and Content
Start off with a courteous, informative tone emphasizing cooperation and community well-being. Use more formal tones only when non-compliance is not met.
4. Send and Document Notices, Implement Fines as Required
Formal Notices
Issue formal violation notices with unambiguous timelines of compliance. Refer specifically to the governing documents and consequences of non-compliance.
Fines
Where authorized by bylaws, fine members according to the planned timetable (e.g., $200 for bylaw offenses, $50 for rule offenses in certain provinces). Make sure to ensure that fines are fair, well-documented, and applied consistently to avoid accusations of bias.
Documentation
Keep copies of all notices, responses, and payment receipts. Documentation helps with enforcement action and potential legal action.
Escalation
If breaches persist, escalate through legal representation, mediation, or dispute resolution forums such as the Condominium Authority Tribunal (CAT).
5. Be Proactive with Signage, Warning Notices & Educational Sessions
Signage
Post clear, visible signs in common areas reminding residents of key bylaws (e.g., pet rules, noise rules, parking rules). This reduces accidental violations.
Regular Reminders
Use newsletters, email, or community websites to remind residents of bylaws and recent changes.
Educational Sessions
Host workshops or Q&A sessions to inform residents about community regulations, enforcement protocols, and the reason why they are done so. This develops awareness and voluntary cooperation.
6. Empower Residents to Self-Document & Self Report Online
Online Reporting Tools
Utilize an online portal or mobile app whereby residents can submit complaints, attach images or videos, and query the progress of their reports. It encourages participation and accelerates problem identification.
Transparency
Provide complaint resolution and enforcement action updates with consideration for privacy. Open processes promote trust and encourage residents to participate in maintaining community standards.
Encourage Neighborly Cooperation
Create a culture where residents feel comfortable reminding each other of bylaws in a polite manner prior to formal complaints.
7. Look to Other Enforcement Options if Necessary
Mediation
If disputes become heightened, mediation is a less confrontational and cheaper alternative to resorting to the courts. It can preserve community relationships and result in mutually acceptable outcomes.
Arbitration and Legal Action
Where mediation fails or where breaches are egregious, boards may have to resort to arbitration or the courts. Legal counsel should guide these steps to ensure procedural fairness and compliance with the Condo Act or HOA legislation.
Billing Legal Fees
Some bylaws allow boards to bill defaulting owners for legal fees, motivating compliance and offsetting financial impact against the community.
Other Resources for Better Condo Management
Eli Report is an artificial intelligence software designed to simplify condo and HOA document review, which can be extremely beneficial to boards that have enforcement responsibilities:
Instant Document Analysis
Eli Report reveals significant rules, limitations, and construction violations from bylaws, regulations, meeting minutes, reserve reports, and budgets in seconds.
Early Detection of Enforcement Issues
Boards are able to detect life limitations, everyday transgressions, or chronic disputes recorded in meeting minutes and act on issues prior to being beyond control.
Budget and Insurance Analysis
Boards can review financial and insurance records to get a better understanding of costs involved with enforcement action or repair as a result of transgression.
Improved Communication
Boards are able to communicate more effectively bylaws and enforcement rationale to residents through Eli Report’s brief summaries, enhancing compliance and transparency.
Time and Cost Reduction
Document review automation reduces the burden on board members and property managers so that they have more time to focus on enforcement and community outreach.
Final Thoughts
By adopting a proactive, organized, and open bylaw enforcement approach, condo and HOA boards can prevent conflict, uphold community standards, and protect property values.
And merging tools like Eli Report enhances boards’ ability to effectively handle complex documents and enforcement matters, resulting in better-informed decisions and more efficient community governance.
This more holistic approach provides real-world, step-by-step guidance to assist boards and councils in enforcing bylaws effectively, building healthier, more harmonious condominium and HOA communities.