Common elements are those parts of a condo complex that belong to all owners. With a few exceptions, they constitute everything except the units in which people live. Corridors, garbage rooms, lobbies, locker areas, garages, technical rooms, roof, grounds, and walkways are all common elements.
The Board of Directors is aware of the investment you have made in your condominium unit and of the pride of ownership each unit owner has in their home. This Condominium Corporation, like every community, must have rules and regulations to govern the conduct and affairs of its members. These Rules and By-Laws of the Corporation are a reflection of the mutual cooperation and respect that each unit owner should show to their neighbours in the community. They’re in a place to enhance the proper management, operation, use and enjoyment of all portions of the Condominium Corporation by its residents.
The Board is empowered by the Condominium Act to “make rules respecting the use of the common elements, units or any part of them, promote the safety, security or welfare of the owners, or of the property, or for the purpose of preventing unreasonable interference with the use and enjoyment of the common elements and of other units.”
The Rules and By-Laws extend not only to our owners but also to guests, invitees and/or agents, as well as Tenants and their Families. Owners are responsible for the compliance of their Tenants to the community’s Rules and By-Laws.
Each owner is bound to comply with the Condominium Act, Declaration, By-laws and Rules, and the Corporation has a duty to ensure compliance by unit owners. Furthermore, every owner has a right to insist upon compliance by other owners and can further require the Board of Directors to enforce Unit Owners’ compliance.
Ultimately, in exceptional cases, the Board of Directors is empowered to enforce the Rules by way of an application to the Courts, whereby the Court can direct the performance of any duty, rule or obligation found within the Condominium Act, Declaration, By-laws and/or Rules.
