Condominium Act

Same, proposed by-law

Despite subsection (10), a by-law proposed by the declarant before the registration of

the declaration and description shall be effective until it is replaced or confirmed by a by-law of

the corporation that takes effect in accordance with subsection (10). 1998, c. 19, s. 56 (11).

Occupancy standards by-law

Subject to section 56, the board may, by resolution, make, amend or repeal by-

laws not contrary to this Act or the declaration that establish standards for the occupancy of units

of the corporation for residential purposes. 1998, c. 19, s. 57 (1).

Standards

The standards shall be,

(a) the occupancy standards contained in a by-law passed by the council of a municipality

in which the land of the corporation is situated; or

(b) subject to the regulations made under this Act, standards that are not more restrictive

than standards that are in accordance with the maximum occupancy for each unit

based on the maximum occupancy for which the building in which the units are

located is designed. 1998, c. 19, s. 57 (2).

Prohibition

A by-law passed under subsection (1) may prohibit persons from occupying units of

the corporation that do not comply with the standards set out in the by-law. 1998, c. 19, s. 57 (3).

Assessments

If the board has passed a by-law under subsection (1) and a person contravenes the

standards for the occupancy of a unit set out in the by-law, the board may, by resolution, levy

against the unit,

(a) an assessment for the amount that reasonably reflects the amount by which the

contravention increases the cost of maintaining the common elements and repairing

them after damage; and

(b) an assessment for the amount that reasonably reflects the amount by which the

contravention increases the cost of using the utilities that form part of the common

expenses. 1998, c. 19, s. 57 (4).

Part of common expenses

The assessments mentioned in subsection (4) shall form part of the contribution to the

common expenses payable for the unit. 1998, c. 19, s. 57 (5).

Rules

The board may make, amend or repeal rules respecting the use of common

elements and units to,

(a) promote the safety, security or welfare of the owners and of the property and assets of

the corporation; or

(b) prevent unreasonable interference with the use and enjoyment of the common

elements, the units or the assets of the corporation. 1998, c. 19, s. 58 (1).

Rules to be reasonable