Navigating Condominium Bylaws versus Rules and Regulations: Everything You Need to Know

All About Condo Bylaws

The bylaws of a condominium association are the rules governing its operations and are created by the declarant or developer of the condominium development. Bylaws govern various topics including assessments, voting rights, and elections, for instance. The bylaws may also govern other topics such as how a condominium association must conduct its business, including how notices are to be given to owners and the powers and duties of the board of managers. Bylaws are generally more permanent in nature than rules and regulations and may not typically be changed without a majority or super majority vote from the unit owners .
In addition to bylaws, a condominium association will likely have articles of incorporation. Articles of incorporation are filed in order to create an official corporation of the association and generally do not contain provisions pertaining to the day-to-day affairs of the condominium. Since the articles of incorporation are filed with the relevant state office (such as the Secretary of State), they are public documents and are typically available to unit owners upon request.
Bylaws and articles of incorporation are generally publicly available documents, while rules and regulations enacted by the board of managers may not be as readily available to unit owners.

Condo Rules and Regulations

The rules and regulations of a condo are distinct from the bylaws, and serve an important purpose in helping to maintain the standard of living within the community.
Written at a lower level than bylaws of the corporation, the rules and regulations play an important role for the board in carrying out its responsibilities for the management of the condo corporation. Rules and regulations provide the board with the flexibility to implement programs and rules that help keep the building in good condition.
From a practical standpoint, the condo’s property manager enforces the rules and regulations. Typically, the property manager will write a notice to a resident whose conduct is in violation of the rules (which will include a copy of the rules that have been breached). The property manager may issue a warning, reprimand, or notice of a fine, depending on whether a first time or repeated offence has occurred. Fines may be levied against residents, added to their common expense fees, sent to a collections agency, or sued for in court.
Rules and regulations generally address how residents and guests use the common elements, as well as unit owners disposing of their own property. Rules will also address how guests are expected to behave, and how owners should deal with troublesome tenants. Other topics typically addressed include:
Some rules may appear trivial but are useful because they create a better environment for residents. For example, a rule may address how guests can enjoy the pool. Other rules may be more significant. Rules regarding smoking can have a large impact on the health of neighbours. We have observed some very progressive corporations that have totally eliminated smoking in their buildings.
The powers of the board to write rules are contained in both the Act (section 56) and the condo’s declaration. Section 56 provides boards with a standard default power to write rules for the management of the common elements and assets of the corporation and for promoting the safety and welfare of the residents. The condo’s declaration may contain empowering provisions that override section 56.

Differences Between Bylaws and Rules

Rules are used to manage the day-to-day issues and activities within a condo’s operations. Rules focus on specific items of a practical nature that address daily living within the condo community. Specificity is the hallmark of rules – they are aimed at addressing particular concerns or behaviors as needed. Bylaws are different. Bylaws are overarching documents – they don’t address specific behaviors or practical concerns. Rather, bylaw provisions are general and broad. They typically set out issues such as quorum requirements for meetings, limitations on terms of office for board members, authorities of the board ("shall have all powers of the condominium corporation . . . necessary to conduct the activities of the corporation" – see Section 19 (1) of the Act), requirements for the annual meeting, etc. Rules, on the other hand, cover specific issues. While the issues addressed by rules will be fact-specific to each condo and its own set of circumstances, typical examples of rules (that you would be likely to find in any condo community) include provisions dealing with picking up after pets, parking, allowing or prohibiting the use of barbeques on balconies, specifying community or amenity hours, and banning nuisances and "excessive noise." Because rules are more detailed, they can be updated and amended more easily than bylaws. Typically, condo bylaws cannot be changed without a formal vote by unit owners (which is usually a super majority), whereas rules and regulations can be changed unilaterally by the board or a delegated committee. Some condos allow for unit owner concerns to be raised in a meeting or written resolution to the board.

The Significance for the Owner

For both current and prospective condo owners, condo bylaws and rules and regulations are vital documents. Familiarity with the substance and meaning of these documents can help owners navigate problems and issues within their association. Violation of either the bylaws or the rules and regulations can result in severe and costly penalties. For example, an owner who has a pet in violation of the pet rules may be subject to daily fines until the pet is removed from the premises as well as any other penalties that the board may apply under the governing documents. It is for this reason that every condo owner should be mindful of the bylaws and rules and regulations and how they impact day-to-day living. A good first step is to take 30 minutes to read through the bylaws and rules and regulations. Thereafter, with certain provisions, a periodic review is a good idea.

Bylaw Amendments vs. Rule Changes

Amending Bylaws vs. Changing Rules and Regulations
Beyond the dark shadows of the past, there lies another common misconception about the supremacy of the bylaws. Condo buyers who have heard the horror stories of strict, non-relenting boards turning over the financials of the building for their own personal use, or others where owners were stopped from using their balconies, may think that enforcing or amending the rules and regulations is just as difficult as amending the bylaws. Not so fast. Firstly, it is essential for any board of directors to ensure that all rules and regulations made by the board are properly and legally passed, and that the rules and regulations are duly registered with the Land Titles Office (LTO). Under the Condominium Act, 1998, S.O. 1998, c.19 (the Act), a board may enact rules and regulations regarding the use of the common elements and units. Those rules may restrict the use of the common elements and units but shall not restrict the owner’s right of exclusive use and enjoyment of the common elements unless explicitly stated in the declaration. The legal process to pass , fail and repeal rules in a condo corporation is completely different than the passing of amendments to its bylaws. The main difference between amending the rules versus amending the bylaws is that the rules can be changed by a simple majority of the board and may take place at a board meeting; while amending the bylaws requires a 60%+ vote at an owner meeting. It is also important to note that even if the rules are duly passed by the board and seemingly harmless, if owners are really unhappy with any new rule or regulation that has been passed by a board, the owners still have the power to petition to repeal the rule or regulation. Upon receipt of sufficient petition signatures from owners of at least 15% of the units, the board shall require the cancellation of the rule or regulation. If at a general meeting 15% of the owners vote that the rule or regulation should be repealed, then it is repealed, regardless of what the board thinks. So, as this shows, owners can essentially "overrule" the board on this matter. Normally, boards would not out rightly reject the owners’ decision, however, if owners continue to complain about new rules or regulations that you disagree with, it can be very tempting for boards to try to ignore what owners want, which could ultimately lead to trouble down the road.

Common Issues and How to Resolve Them

Common challenges can often arise in the context of disputes over the interpretation of the association’s governing documents. A common example is when a resident feels that they have been unfairly treated when a violation notice is sent to them, or a fine is issued by the board.
Another common example is when an owner claims that they were never given a copy of the association’s governing documents or was not provided an opportunity to vote on a specific amendment to the bylaws or rules and regulations. A possible solution in this instance may be to confirm the reasonable and customary methods of sending notice (by mail or otherwise).
When you do find yourself in a dispute with an owner, there are a few things that you should keep in mind that may help in resolving it. First, keep the lines of communication open with the owner, to the extent it is safe to do so. Consider designating a specific point of contact, such as your community manager or another board member. Second, document all correspondence with the owner. Third, respond in a timely manner to not only correspondence received from the owner but to any concerns or issues the owner may have expressed. If an annual budget meeting is around the corner, attempt to resolve disputes in advance of now, rather than at the annual meeting itself. Fourth, request the owner attend another board meeting to further discuss the issue if necessary. Ideally, whatever the cause of the dispute, a solution can be reached and then put in writing to ensure that the board and the owner understand the resolution of the issue going forward.
The association should also take care to enforce its bylaws and rules in a uniform and consistent manner among all owners. Failure to follow these rules could result in a claim of selective enforcement against the association. On the other hand, failure to address rule violations could result in a claim of waiver or even abandonment of the association’s right to enforce its rules. By enforcing these rules, the association will also help maintain the property in a uniform and consistent manner for all owners.

FAQs about Condo Bylaws and Rules

Do the bylaws apply to residents that are renting their unit?
Yes. Bylaws apply to owners of units and tenants of units alike. If a tenant violates a term of the bylaws, the owner of the unit may be assessed a fine. However, if an owner’s tenant violates a term of the bylaws, that tenant may also be fined as well.
Must a community give notice before enforcing a bylaw?
Yes. A community must follow the enforcement process outlined in the relevant statute. Typically, an owner is given a written warning letter about the alleged violation, the time for cure (if possible), and notification that fines will be assessed unless the owner contacts the community to dispute the violation .
How often should the board of directors meet?
Ideally a board should meet monthly however a minimum of quarterly meetings is preferable to avoid stagnation on key issues such as budgets and maintenance. Boards are allowed to meet more frequently after providing adequate notice to the owners.
Are boards required to give notice of meetings to owners?
Yes. Associations must give notice of regular and called meetings. The nature and frequency of the notice of the board meetings is controlled by the bylaws of the community.
How can owners change the bylaws?
Amendments to bylaws are adopted using the same process required to enact a bylaw. A community may have stricter requirements however in most cases, the amendment is not effective until it is recorded among the land records in the county where the unit is located.