Lack of Bylaw Enforcement

Dear Betty

I live in a bare land condominium. It's a residential community with 55 lots. The reason for my email is that the board of directors appear to be ineffective in ensuring that the bylaws are adhered to. The comment we get when inquiring about obvious bylaw infractions and why nothing has been addressed is that they do not want to incur legal costs in order to make the unit holder adhere to the bylaws as that will only incur more condo fees for the residents down the road if they have to pay legal fees.

The board has eliminated pretty much all costs in an effort to reduce condo fees (we have may retirees and they want fees to go down rather than up). We currently pay a small monthly amount to the condominium.

We unfortunately missed the last General Meeting because we had not received the information package. At this meeting the board asked unit owners to do more in the community but now we wonder what we are paying condo fees for. We understand the reserve fund requirement, but we should be receiving general landscaping etc. For our fees, should we not?.

What are my rights as a unit holder to ensure that the board is in fact carrying out their duties and not taking a passive stance? Is there anything we can do to ensure that the bylaws are adhered to if the board won't?
Help!

Concerned Owner

Dear Concerned Owner
You have touched on a number of issues here. First, if the bylaws are worded correctly they will include a section on "Sanctions for Breach of Bylaws" It is this section that will give the board of directors the power to fine an owner, or tenant who is in breach of a bylaw. Some bylaws actually include fine amount or ranges for various infractions. In any case, even if your bylaws do not have such wording and the board fines someone for breach of the bylaws, that matter is dealt with in the Provincial Court, provided the fine is less than $25,000. In Provincial Court no lawyer is required. Most people represent themselves at Provincial Court. The filing charges are minimal, and there have been times where a court will require the offending owner to pay the Condominium Corporations filing costs.

Your board of directors may not be aware that this is an option. Also, in a condominium, when it becomes common practice to ignore bylaws, this becomes the precedent and when you really need your bylaws to deal with a serious matter, a court may view this a favoritism and not support the corporation in that matter. It is important that bylaws are enforced or amended to meet the need of the individual condominium.

With regards to your condominium fees. Without seeing your condominium plan, the bylaws and the operating information I can not give comment on your specific situation. I can however inform you that it is the bylaws in a bare land condominium that determine what the owners are responsible for and what the board of directors are responsible for.

In all condominium low fees means little or no services. The services provided are paid for by the owners, in accordance with the operating budget prepared by the board of directors, and provided to each owner, along with the notice of payment due.

It is a great investment to include in the operating budget of a condominium an amount for education. The Canadian Condominium Institute, South Alberta and North Alberta Chapters offer a series of seminars that are ideal for condominium boards. Each board should send a minimum of two directors each year, to keep current with the appropriate operations of a condominium.

Our suggestion to you is that you request, in writing, that the board enforce the bylaws until such time as they are amended, and also request a copy of the budget for common expenses.

It is important to make these request respectfully and to put a not- later- than date, in which you would like to receive the copy of the budget. Keep in mind that the board, by law, has 10 days to provide the document from when the request is made, in writing.

I hope these suggestions will help you get the answers you were looking for.

Cheers!
Betty's Condo Owners Club
for membership information visit
www.condo-check.com