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Condominium Law

What can you do about condo fees, rules or a board decision?

Condominium living is governed by the declaration, by-laws and rules — documents most owners never read until there is a problem. Boards have real authority to set fees, levy special assessments and enforce rules, but they must follow their own governing documents and act reasonably. Ontario has a dedicated tribunal for many owner disputes; other provinces route them through courts or arbitration.

What to do next

  1. Get the governing documents and the minutes

    Declaration, by-laws, rules, and recent board minutes and financial statements. Owners generally have a right to records, and a refusal is itself something you can act on.

  2. Check whether the board followed its own process

    Most successful owner challenges are procedural — inadequate notice, a rule never properly passed, a special assessment without required disclosure — rather than substantive disagreement with the decision.

  3. Use the right forum

    In Ontario the Condominium Authority Tribunal handles records, nuisance, pets, parking and similar disputes at low cost. Elsewhere it is generally the courts or arbitration under the declaration. Chargebacks and liens for arrears move fast — deal with those first.

  4. Take a special assessment seriously

    Unpaid common expenses can become a lien on your unit with priority, and lead to power of sale. Dispute the assessment through the proper route while keeping payments current if you can.

Frequently asked questions

Can the board just impose a special assessment?

Generally yes, where the reserve is insufficient, but disclosure and process requirements apply. Challenge the process rather than the need if you have grounds.

Can they enforce a rule that wasn't there when I bought?

Rules can change, but they must be properly passed and be reasonable. A rule adopted without the required notice or vote is vulnerable.

Can I withhold common expenses over a dispute?

No. Arrears can become a lien with priority over your mortgage and lead to power of sale. Pay and dispute separately.

Am I entitled to see the finances?

Owners generally have a right to specified records. In Ontario a records request refusal can go to the Condominium Authority Tribunal.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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