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#373
JManon ()
To restrict renters in our condo 2007/07/22 03:17  
I am on the board of our condo association and want to know if we can pass rules to restrict renters in our condo ?
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#376
doubleu ()
Re:To restrict renters in our condo 2007/07/22 03:58  
I don't believe such a rule would be enforceable because it is 'unreasonable' and contrary to the Act.

In the Act, there is no restriction on an owner renting his unit, provided the owner complies with some procedural requirements, such as notifying the board that there's a tenant.

Here's what the Act says:
83. (1) The owner of a unit who leases the unit or renews a lease of the unit shall, within 30 days of entering into the lease or the renewal, as the case may be,

(a) notify the corporation that the unit is leased;

(b) provide the corporation with the lessee’s name, the owner’s address and a copy of the lease or renewal or a summary of it in the form prescribed by the Minister; and

(c) provide the lessee with a copy of the declaration, by-laws and rules of the corporation. 1998, c. 19, s. 83 (1).


Regardless of any tenants, the legal relationship between the condo corp and the unit owner doesn't change. The owner is required to ensure that any tenant observes the rules established by the corporation. Failure to do so would result in the owner (not the tenant) being held liable for any violation. An owner can't pass the blame for violations; if his tenant breaks a rule, its the same as if the owner himself did so, and the consequences accrue to the owner.
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#377
doubleu ()
Re:To restrict renters in our condo 2007/07/22 04:03  
Considering the other posting you've made with the link to some unidentified forum, the comments I've made above relate only to condo corporations registered in Ontario.
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#378
JManon ()
Re:To restrict renters in our condo 2007/07/22 04:53  
Thank You DoubleU.
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#381
wotan ()
User Offline
Re:To restrict renters in our condo 2007/07/22 06:43  
I do remember reading once that a Condo can force an eviction of a tenant. Also, should the owner not pay his/her maintenance fees, the condo can force the tenant to pay them the maintenance fees (up to the cost of the rent I believe) instead of paying the owner of the unit that amount. For example, if the maintenance fess are $425 and the tenant is pay $650, should the owner not pay the maintenance fees, the tenant could be required to pay the condo $425 per month directly and the owner the remaining $225. However, I remember reading this, but do not have the source on me at the moment and I am not a lawyer.

The best option, in my opinion, is to check with the condo's solicitor as to the exact rights of the condo with regards to tenants in the building.
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