A corporation may impose a monetary sanction on owners, tenants or occupants where authorized by the Condominium Property Act, the regulations or the bylaws. Monetary sanctions cannot exceed the restrictions set out in the Condominium Property Regulation:
- If a person breaches a bylaw for the first time, then the condominium corporation can impose a sanction of up to $500 (or a lower amount set out in the condominium’s bylaws).
- For the second and following instances of non-compliance, then the condominium corporation can impose a sanction of up to $1000 (or a lower amount set out in the condominium’s bylaws).
Notice of proposed sanction
A condominium corporation can serve a notice of proposed sanction before it imposes a sanction for breaching a bylaw. The notice must contain certain information such as:
- Unit number associated with the bylaw breach
- Name of person subject to the proposed sanction, if known
- Bylaw provision not complied with
- The rule that has not been complied with (if there is a sanction in the bylaws for not complying with the rule)
- Date and time of non-compliance (if applicable)
- Relevant information on the failure to comply
- Maximum monetary sanction for non-compliance (if applicable)
- Description of corrective or other action, if any, that must be taken
- Deadline for taking the required actions or providing a written response to the notification. This deadline must be at least 3 days (not including holidays) after the service of the notification.
If a person is served with notice of proposed sanction, they must have at least 3 days (not including holidays) to give a written response to the notice or to comply with actions required under the notice.
Notice of sanction
If the deadline to reply has passed in the notice of proposed sanction and the corporation is not satisfied with the response or actions (if any), then the corporation can impose a sanction:
- On the person named in the notice or proposed sanction or
- If no person is named in the notice of proposed sanction, then:
- On the owner, if the owner did not provide notice to the corporation of the name of the tenant in possession of the unit or if the owner provided notice that a tenant is no longer in possession of the unit or
- On the tenant, if the owner has provided notice to the corporation and the owner has not provided a notice that a tenant is no longer in possession of the unit
When imposing a sanction, the notice of sanction must contain the following information:
- The amount, instructions and deadline for payment (for monetary penalties)
- The description, date and time at which the penalty comes into effect (for non-monetary penalties)
- Reasons for issuing the sanction
- Date of the board resolution approving the sanction
If the person who is the subject or a proposed sanction is not the owner, a notice of sanction can be served on the person in a couple of ways, for example:
- electronically as long as the person provided the board with an electronic address
- by personal service
- ordinary or recorded mail addressed to the unit associated with the sanction
- being left with a person apparently over 18 years old at the unit
When imposing a sanction on a tenant, the corporation must give notice of the proposed sanction and notice of sanction to the unit owner.
Service of a notice of sanction is effective:
- When the receipt of recorded mail is signed
- 7 days after the document is sent by ordinary mail or
- 24 hours after the document is sent electronically
The corporation cannot delegate the decision to issue a sanction but may delegate other steps involved in issuing a sanction (subject to its bylaws). For example, a corporation can delegate the task of serving notices related to proposed sanctions to a condominium manager or other person. But the corporation cannot delegate the decision to issue a sanction to a condominium manager or other person.
Enforcing a sanction
When a person does not comply with a sanction, the condominium corporation can take enforcement steps. The condominium corporation can make an application in court to recover from the person the unpaid monetary sanction and/or for damages. A corporation can only take court action if the bylaw(s) were filed with the Land Titles Office.
- If you are wondering whether a bylaw is legally enforceable, check the condominium additional plan sheet (CAD). Any additions or changes to the bylaws will be noted on the CAD if they were properly filed.
- A caveat about a monetary sanction or other debt (that is not a contribution) owing to a corporation can be registered against the certificate of title of a unit, but only under a writ of enforcement.