Condo bylaws: consequences of breaking a bylaw?

[Seks]

A bylaw, which is very minor and does no harm to the condos or the owners, isnt obeyed.

Besides a fine, whats the worst the board can do? Is there such thing as eviction?

[e31]

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Besides a fine, whats the worst the board can do?

Well, it's pretty much common knowledge that Condo law takes precedence over any other law system... they could sentence you to Unga Bunga... Sorry.

[Tik-Tok]

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Besides a fine, whats the worst the board can do? Is there such thing as eviction?

Yep, they can force you to sell, if they want to be dicks... and everything I've heard about condo boards is that they are power tripping dicks.

[colsankey]

It would be spelled out in the bylaws. Typically a fine, but could go further. What bylaw is being broken? Keep in mind condos can contain hundreds of units, and minor issues for some people are major problems for others.

[Star1995]

I'd like to know what you consider minor, if it's in the by-laws I would think it's not minor.

[Thaco]

i had an issue with this, the one i dealt with was parking a trailer in my assigned and title spot in the parking lot... apparently its against bylaw, it was a small tent trailer and was in no way an inconvenience to anybody else,, but i got a threatening letter from the board.

Meanwhile another unit down the complex had a tent trailer in their spot for months before i put mine there... i asked them about that one and they said that person had ignored the letter, received the fine, but there was no further action they could/would take against them.

[TomcoPDR]

Probably board member. Go on board just to manipulate the rules to not effect themselves, or benefit their own lifestyle

[Star1995]

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i had an issue with this, the one i dealt with was parking a trailer in my assigned and title spot in the parking lot... apparently its against bylaw, it was a small tent trailer and was in no way an inconvenience to anybody else,, but i got a threatening letter from the board.

Meanwhile another unit down the complex had a tent trailer in their spot for months before i put mine there... i asked them about that one and they said that person had ignored the letter, received the fine, but there was no further action they could/would take against them.

I guess it depends on how much of a fine you're facing. A mere $50 for parking your trailer for a year may be worth it. Or do you get fined every time you take it away and put it back?

[Thaco]

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I guess it depends on how much of a fine you're facing. A mere $50 for parking your trailer for a year may be worth it. Or do you get fined every time you take it away and put it back?

i'm not sure i didn't push it, i only had it parked there for a 3 days and by the time i got the letter it was gone... just had it for a few days because tuesday was the latest i could get out to the storage place before our trip that weekend... normally i just leave it hooked to the truck on the street but i had to take the truck in to the shop.

[Kloubek]

Whatever they do must be written in the bylaws
You need to get a copy from the property management company. Generally, there is a fine structure which may or may not escalate and may or may not have a specific wait time between fines.

Additionally, most bylaws give the board the power to place an estoppel against the property which means it cannot be sold until all payments are made. I don't believe that there are any circumstances they can force the sale of a home but there might be something about evicting renters who don't follow the rules. (Not sure if ur renting or own)

[Seks]

I just don't like this bylaw: an owner shall not place garbage or recycling outside a Residential Unit other than in garbage or recycling bins supplied by the Occupant and placed at the end of the driveway either the evening before or on days designated for collection

Ever since I moved in about 1.5 yr ago (I own this townhouse), I've been placing my bins just outside my garage door, leaning against the pillar on my driveway. I just don't think garbage belongs in a house including a garage. And I don't need the bins to take up room in my garage.

They sent me a warning letter back in Mar of this year, I ignored it and so have a handful of other owners.

I have now received a letter this month indicating fine of $100 + $100 admin fee. The letter states that the "violation has continued to be reported" and that what I'm doing "is disturbing the reasonable enjoyment of other unit owners and occupants". Like wtf to "disturbing the reasonable enjoyment"

"Any subsequent bylaw notices or fine assessments pertaining to this infraction will result in another $100 + $100 admin penalty being assessed to the unit. In addition the Board may assess a further fine or admin penalties against the unit"

So what if I don't pay the fine AND continue disobeying the bylaw? Or obey the bylaw BUT do not pay the lame fine?

[RealJimmyJames]

Well the fact that you think the bylaw is stupid is besides the point. It's not ambiguous or confusing and you have been warned in writing. Maybe stop being a scumbag and walk your garbage to the garbage bin like an adult? Or get elected to the condominium board and get the bylaw changed.

[BerserkerCatSplat]

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So what if I don't pay the fine AND continue disobeying the bylaw? Or obey the bylaw BUT do not pay the lame fine?

This should be spelled out in the bylaws, but generally they will continue to issue fines, if they go unpaid the fines will be sent to collections and/or an estoppel will be placed on your unit. (They'll bill you for the legal/collections fees, too.) If you sell the place, the outstanding fees will be taken from the proceeds of your sale.

Condo boards have teeth, you're not going to win anything by ignoring fines.

You would have been provided with a copy of the Bylaws when you bought the unit, and you agreed to abide by them when you purchased. Realistically, your options are to 1) put your bins inside, or 2) get yourself voted onto the condo board and convince them to change the Bylaws to allow you to leave your garbage bins outside. You'll still have to keep them inside until the Bylaws are changed, though.

[dirtsniffer]

Just pay the fine and follow the bylaws. The amount of crap board have to deal with because people feel they are above the rules is ridiculous. Im on a board to ensure that the corporations finances are in good standing and that we are making sound financial decisions. Not to hound people to recycle properly, park properly or act properly.
Boards have a duty to enforce the bylaws. Even if they are not dicks all it takes is that one neighbor to report it and the board has to act.

Yes the fines are real. You can be sent to collections or have an estoppel placed against your unit. Even if the board doesn't go that far, if you go to sell the buyer will make you clear up any money owed to the corporation.

The board can't make you sell. The board can evict you, even as an owner, likely they would just have you removed from the property. But generally there needs to be at least threats of violence. Also if they take you to court you could be responsible for all or a portion of their court costs.

If you think the bylaw is stupid petition to have it changed. Generally it costs a few thousand dollars to have the bylaws ammended and you need a petition with something like 75% of owners signatures.

[SportEL]

To change the Bylaw, the Condo Corporation would need to pass a Special Resolution with 75% of Unit Factors signing. We went through this a number of months back and it cost $500 to get it done.

[Star1995]

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I just don't like this bylaw: an owner shall not place garbage or recycling outside a Residential Unit other than in garbage or recycling bins supplied by the Occupant and placed at the end of the driveway either the evening before or on days designated for collection

?

So you're taking the bins out a few days prior to collection or leaving them out a few days after collection? I believe the CoC has the same by-law and is complaint driven, so if your neighbour complains you get a letter from the CoC.

[Thaco]

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So you're taking the bins out a few days prior to collection or leaving them out a few days after collection? I believe the CoC has the same by-law and is complaint driven, so if your neighbour complains you get a letter from the CoC.

sounds like he is moving them up by his garage, but not inside his garage, and that's the complaint, that they should be stored inside.

[The Cosworth]

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Whatever they do must be written in the bylaws
You need to get a copy from the property management company. Generally, there is a fine structure which may or may not escalate and may or may not have a specific wait time between fines.

Additionally, most bylaws give the board the power to place an estoppel against the property which means it cannot be sold until all payments are made. I don't believe that there are any circumstances they can force the sale of a home but there might be something about evicting renters who don't follow the rules. (Not sure if ur renting or own)

I'm not sure how serious the infraction was but I know that a board downtown forced a sale on a guy fairly recently. Took years though.

[macman64]

The board can foreclose on the property as they are listed on title. That being said I don't believe you can foreclose on outstanding fines only outstanding condo fees. You can't sell until paying all fines though and these are normally collecting at CC level interest rates. They can also fine multiple times with increasing amounts.

[Star1995]

Everyone forgets something once in a while Study the by-laws and find that one or two obscure rules that everyone breaks, keep a close eye on your neighbours especially the ones on the board. When they forget about one of the by-laws and break the rules; pounce on them. Document the infraction, take pictures and file a complaint.

I was just reading something on condosincalgary.com and they mention that "Patios and balconies in apartment and most townhouse-style condominiums are common property, just like the lobby and the hallways, so smoking—of anything—is prohibited through the Bylaws." Seems strange but if true just find a board member that smokes on his balcony, take a picture and file a complaint.