As a realtor, you can anticipate your client’s questions and know key market statistics. But lurking in the shadows of that new apartment you’re about to show is a potential mass of bylaws and rules — especially in British Columbia and Ontario — that could catch you and your client off guard and ruin that potential sale.
Guiding your client through the labyrinth of condominium rules and bylaws is critical to turning their purchase into a place that truly feels like home — not a homegrown nightmare.
Important to pay attention to both common and administrative bylaws
Bylaws and rules often confuse. But simplifying them to the basics makes it easy for homeowners and potential buyers to understand.
Bylaws govern how the condominium (or strata) corporation operates and cover everything from pets to short-term rentals to smoking. On the other hand, rules are closer to housekeeping items — how late the amenity room is open, for example. Rules are more accessible to change and typically focus on day-to-day things, while bylaws require a significant portion of the ownership to agree to change/add or modify.
Ann Benoit, vice president of Winford Strata Management in Vancouver, says about bylaws for buyers: “On top of the common bylaws, buyers should also pay attention to administrative ones, especially those allowing B.C. councils to vote via email between meetings.” While it doesn’t seem important at the time of purchase, waiting for a board meeting to get renovation approval can delay weeks if not months.
Benoit adds, “Potential buyers should focus on what they enjoy in their day-to-day lives and what might affect them. Smoking and barbecue restrictions aren’t common but could affect an owner.”
These common bylaws & rules often cause issues for buyers
Ensure your clients understand the bylaws and rules of the building they’re buying into before closing. While each condominium complex will have its unique bylaws and rules, general ones around pets, renovations and rental restrictions, for example, seen in almost every set of condominium or strata bylaws can cause issues for potential buyers.
Pets are a significant consideration when moving, but pet bylaws and rules can be complex and need a thorough review with a close eye. The most common pet bylaws restrict the number of dogs, cats, birds and other pets housed in a unit. However, the restrictions can often go beyond these to include size, weight and breed restrictions, and some buildings will ban pets (some animals or all) entirely.
Over and above restrictions on the actual pets, there are typically bylaws about aggression and noise and where the pets are allowed on the property. Enforcement can vary for these bylaws from a simple fine (where applicable) to more extreme measures such as removal of the pet.
Renovations tend to be the norm when moving into a new apartment. In most buildings, approvals are needed before the work can begin. Most buildings will have some bylaws concerning the process but typically, it’s simple.
However, there are cases where the bylaws can be pretty lengthy and include things such as a restriction on materials used, requirements for flooring underlays, specific work hours and even deposits.
Rentals have been a hot-button bylaw for many prospective buyers, but things have changed in B.C., where rental restrictions were abolished in 2022 under the Strata Property Act. Strata corporations can no longer restrict or limit the number of rentals.
Under the Condominium Act of 1998, condominium corporations cannot ban rentals in Ontario. They may require owners to notify the board when renting a unit and can restrict short-term rentals, but complete rental bans or limits on the number of rentals are prohibited.
While rentals are now allowed in both areas, keep in mind that short-term rentals, such as Airbnb, are exempt from this and can still be banned in condominium buildings.
Enforcement isn’t consistent or typically quick
Of course, not everyone follows the rules. Enforcement depends on the area, running from simple warnings and fines to court injunctions in extreme cases.
Still, Katharine Olson, managing broker for FirstService Residential in Vancouver, notes the process can be lengthy and slow: “I caution new owners that the drum-playing neighbour isn’t going to go away the first day they report it. There’s a process involved, starting with a complaint being submitted, reviewed and actioned on. It can take weeks for a potential resolution and, in some cases, even longer.”
Try to match clients with buildings that suit their needs
Navigating clients through bylaws starts with assessing their wants and needs. Jacqueline Adler of Oakwyn Realty notes that she spends time with her clients during the purchase process on bylaws. She tries to match clients to buildings and bylaws that will suit them. If they’re an avid piano player, she’ll watch for musical instruments or noise…
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