Can an Ontario condo corporation charge me fines for breaking the rules?
The Condominium Act, 1998 does not grant condominium corporations direct authority to levy monetary fines against owners the way a municipality can fine a by-law offender. This is a commonly misunderstood point. Corporations enforce compliance primarily through compliance orders obtained from the courts or, for defined matters, through the Condominium Authority Tribunal.
That said, corporations can charge back their reasonable legal costs of pursuing enforcement to the non-complying owner, and those costs can be added as a lien on the unit the same way common expense arrears can be. If the corporation spends legal fees to get a compliance order against you, those costs can be recovered from you and secured against your unit.
Some governing documents attempt to set "damages" or "fee" amounts for rule violations, but their enforceability varies. If you're facing enforcement action, speaking with a condo lawyer before the matter escalates is worthwhile — early resolution is almost always less expensive than litigation.
Key takeaways
- Condo corporations generally cannot levy monetary fines as municipalities can.
- Enforcement is through compliance orders from courts or the CAT.
- Corporations can recover their legal enforcement costs from the non-complying owner.
- Enforcement costs can be registered as a lien against the unit.