By March 31, 2020, condominium corporations must inform owners and occupants of existing condominium rules. Condominium corporations must ensure that all owners and all unit occupants receive a copy of all rules that are in effect. Otherwise, those rules expire on or after April 1, 2020.
A condominium corporation may impose rules in addition to bylaws. Rules often supplement the bylaws. For example, the bylaws may state that unit owners require approval of the condominium board to have a pet. Supplementary rules may outline the allowable type of pets, how big they can be, how many each owner can have, etc. Condo rules allow condominium boards to quickly respond to the changing needs of the community. They are easier to create and change than condo bylaws so boards can develop rules when needed. Unlike bylaws, a condominium corporation cannot charge monetary sanctions for anyone breaking a rule.
The condominium board can make, amend or repeal rules by resolution. Rules can cover procedures used in the administration of:
- the corporation
- the real and personal property of the corporation
- the common property and
- the managed property
Condominium rules cannot restrict the use of units.
How can rules be changed?
Rules can be amended or repealed by an ordinary resolution. If there is a conflict or inconsistency between an ordinary or special resolution and a rule set by the board, the resolution will prevail.
Thank you to the Alberta Real Estate Association for allowing portions of their Condominium A to Z course manual to be adapted for use in this section.
Notification of new rules
Before a new rule comes into effect, a corporation must give at least 30 days written notice. The notice must be:
- delivered to anyone living in the development (for example, owners and tenants) or posted in an open and conspicuous common area (to which all owners and occupants have access) and
- served to owners who do not live in the development
A rule has no force or effect until 30 days after all written notices of the new rules have been provided or served.
In certain situations, a condominium corporation does not need to give a notice period when implementing a new rule. For example, a corporation can implement a new rule that comes into effect immediately upon written notice if the rule:
- addresses a safety concern, security concern or an emergency (for example, a fire, explosion or flood) and,
- stops when the safety concern, security concern or emergency no longer exists.