OPIN­ION En­forc­ing the rules re­quired by law

Calgary Herald - Calgary Herald New Condos - - New Condos - ROBERT NOCE

Ques­tion: You have stated that boards must en­force all by­laws. I could not find any­thing in the Con­do­minium Prop­erty Act to sup­port this.

As our condo board is not en­forc­ing all by­laws, I was won­der­ing if I missed some­thing.

An­swer: Sec­tion 37 of the Con­do­minium Prop­erty Act is the rel­e­vant sec­tion. I strongly urge you to ad­vise your con­do­minium board that they have a duty to en­force all by­laws, as they con­sti­tute a con­tract among the own­ers.

Help­ful hint: En­forc­ing the by­laws is a ba­sic rule of con­do­minium liv­ing, ir­re­spec­tive of the costs in­volved.

Calgary Her­ald/files

Condo lawyer Robert Noce.

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