The following post was posted on another Discussion Forum which favours the "for-profit" sector. Can you believe this contempt for law and the complete contempt and disregard for condominium unit Owners' rights? This is a prime example of the reason CAFCOR was established and the need for an organization which fights for unit Owners' interests and legislative/regulatory reform!

July 2/07 6:08pm
Wotan, I think that your previous response is pushing the envelope, pass a bylaw and know that it is probably not enforcable. This would be a good way for a BOD to get a bad reputation, a condo lawyer would not allow it anyway.

The condo lawyer NEVER makes a decision like this. Only the Board, owners, and/or the courts may do so. The lawyer may advise the Board that it should not be done, however the Board could go ahead and pass a resolution for a new By-law allowing for fines to be imposed. And if the owners approve it (with or without amendment), and it is registered, then it is enforceable until an owner can get it overturned in court.

The Board might get a bad reputation, but they may not. It all depends on the problems in the condo and what the owners are willing to do about it. For example, if the Board is having problems with some owners break the rules frequently. The new by-law may allow for the Board to fine the offender for refusing to follow the rules (perhaps with a Discipline Committee made up of Board and non-Board members to determine if a fine is warranted.) If there is a discipline Committee to recommend the charges, and if a majority of owners pass the by-law, then yes, I would say that the courts are likely to enforce the By-law as the owners want and there is "due diligence."

Of course, I am not a lawyer, but the Discipline Committee may be a good idea to have in condos were there is a problem with owners and residents not following the rules. That way there is always some informal trial prior to the Board using mediation, arbitration, and the courts to enforce the Declaration, By-laws, and rules of the condo, and the condominium act. It may also help to reduce costs in these cases as the offender may be humbled into changing his/her behaviour. Also, the Discipline Committee may be used by an owner to handle disputes with the Board.

Wotan

Funny Wotan would be advocating that the board twist the law to screw owners. What about directors going to jail for even proposing to act in an unlawful manner such as this one, knowing that owners would be required to spend thousands of dollars on lawyers in order to get justice and stop such opression? Most owners could not afford such a battle and Mr. Wotan and his band of thugs know this. We need to stand up against exactly this type of mindset and behavior. What's next Wotan? Liening the unit and forcing sale?

Wotan nick name is "Disgusted" ? I just wonder is it same Wotan Brain from CCI ?

What is described herein is just simply fraud -- a criminal offence that carries jail time and/or heavy fines. This has nothing to do with the Condominium Act and everything to do with several sections of the Criminal Code, which will be (if this is actually done) prosecuted by the Crown at no cost to the complaining owners. All they have to do is file a complaint. Directors who support CCi are so arrogant they think they can get away with anything because they know the Condo Act and have condo lawyers to support them at the direct expense of the owners. What they overlook is the fact that the Condo Act specifies that other laws also apply, like the Criminal Code, Human Rights, Privacy Act and the Charter of Rights and Freedoms. All owners should be vigilant to report anything like this, that has actually happened, to CAFCOR and we will help to get the director(s) hauled into court. Publicity of this sort of thing is very damning, especially to CCI and ACMO. The Condo Act is not the only law, just the most expensive one. You should all note who posted this proposal originally!

I received a copy of a letter from CAFCOR a while back. It was from a Dr. in the United States who described how boards of directors can take units from owners and sell them. This article went on to explain how lawyers help them do this. It was called HOW TO STEAL A UNIT FROM AN OWNER. It would be nice to see this letter on the CAFCOR website because it shows what Wotan's idea could lead to here.

I wish some people on this site would learn to read. My comments were made about a particular question, and are not anti owner - they are pro owner!!!! Do you want yourneighbour carrying out renovations at 2 a.m. in the morning when you are fast asleep? I would not, and am guessing most people do not.

People should have read what I said, and not make false assumptions. Everyone who has posted up to now on this topic (including the orginal poster) have missed the following points:

1) A By-law requires a MAJORITY OF ALL OWNERS to approve it (with or without amendment.) Read Section 56 (10) of the Act. While the By-law is to be reasonable - it can be argued that allowing for fines is reasonable if the owners understand the impact of the By-law (and still have approved it), that Section 56 (1) describes what a By-law can be about - and that it allows By-laws to deal with the management and use of the property and condominium (Sections 56(1)(l) and 56(1)(m).)

2) A Discipline Committee with owners on it will allow the owners to have a say in whether one of their number has broken a By-law or Rule.

3) Rules can be changed, repealed, amended by the owners in two ways. First they can elect Directors who will do so. Second they can requisition a meeting to do so. Section 58 (5) states that clearly, as does Section 58 (7).

4) There will always be a few people in a condo who will break the rules - especially larger ones. If the owners are not allowed to determine how to deal with these owners, then what is the point of CAFCOR which is supposed to be supporting the "Rights" of the owners?

If this is attitude of this forum and CAFCOR, then I wnat to have nothing to do with either. I honestly think some people on this forum need to learn some respect (and how to actually read what people are saying.)

wow..what a world...
here is the link i found it
http://www.ahrc.com/new/index.php/src/news/sub/article/action/ShowMedia/id/2207