How Much Can an Alberta Condo Board Fine You for a Bylaw Breach?

You get a letter from your condo board saying you broke a bylaw and owe a fine. Maybe it is about noise, a pet, parking or a balcony. You may wonder whether the amount is allowed and whether you have to pay.

In Alberta, condo fines are regulated. This article explains who is bound by the bylaws, how large a fine can be, what a board cannot fine you for, and the options if you think a fine is wrong. The caps are maximums set by regulation and can change, so confirm the current figures.

This article covers the law of Alberta.

Who the bylaws bind and who enforces them

Condo bylaws regulate the corporation and provide for control, management and administration of the units and property. Owners and anyone in possession of a unit are bound by them. The corporation is responsible for enforcing its bylaws.

Tenants are covered too. Every tenancy is subject to a condition, despite the lease, that the tenant not damage corporation property or contravene the bylaws. If a bylaw conflicts with the Condominium Property Act or the Condominium Property Regulation, the Act or Regulation prevails to the extent of the conflict.

How much can the corporation fine you?

A corporation may set monetary or other sanctions for breaches by bylaw, and those sanctions must be reasonable in the circumstances. The Regulation caps monetary sanctions at $500 for the first contravention and $1,000 for later contraventions, unless the bylaws set lower amounts.

These are maximums, not automatic amounts. Your own bylaws may set a lower figure, and the regulation can be amended, so check the current version.

Bylaws versus rules

No monetary sanction may be imposed for failing to comply with a rule, as opposed to a bylaw. If the notice you received cites a board rule or policy rather than a registered bylaw, that is worth raising.

Bylaws can be amended, repealed or replaced by a special resolution. Under the model bylaws in Schedule 4 of the Regulation, notice of at least 14 days is required before the vote, with proposed changes highlighted or underlined, and those model bylaws apply only until they are repealed or replaced by special resolution and registered at the land titles office. A change takes effect when it is filed with the Registrar. If the corporation cannot show a bylaw was properly made, enforcing it becomes difficult, as the next section explains.

What the corporation must prove to collect

To enforce a sanction in court, the corporation must show that the bylaw was properly enacted and that the defendant contravened it. A fine is not simply owed because the board says so.

• Ask for a copy of the bylaw cited and check it was registered and in force.
• Check the fine is within the caps and any lower amount in the bylaws.
• Confirm the notice names a bylaw, not just a rule or policy.
• Look at whether the amount seems reasonable in the circumstances.
• Keep dates, photos, emails and any notices you received.

Disputing a fine and what to do next

A practical first step is often to put your concerns to the board in writing and ask which bylaw it relies on. Any party to a dispute may also apply to the Condominium Dispute Resolution Tribunal, which hears disputes about matters related to condominiums under the Act, the regulations or bylaws. The Tribunal's exact reach for particular disputes, fees and limits sit in its own regulation, so confirm whether your fine fits, and how the board step and a Tribunal application fit together in your situation is worth confirming with a lawyer.

Order matters. No Tribunal application can be filed if a Court action has started on the same dispute, and no Court action can start once a Tribunal hearing has concluded. Tribunal decisions are binding and enforceable like a Court order once filed. Judicial review must be filed within 30 days of receiving the decision, and a party may appeal to the Court no later than 30 days after receiving it. The Tribunal can also award costs.

The Court can also remedy improper conduct, meaning non-compliance with the Act, regulations or bylaws, or oppressive or unfairly prejudicial conduct of the corporation's affairs. Before choosing a route, gather your documents and consider speaking to a lawyer, because deadlines are short.

Frequently asked questions