Are you considering renting a condo in Ontario? Living in a condo has many advantages, including access to great amenities and a sense of community. As a tenant, there are some important things you need to know that may be unique to renting in a condo. For your convenience, our team has put together a quick guide to living in a condo as a tenant, including your top 10 rights and responsibilities!
However, before we jump to the rights and responsibilities that a tenant has in a condo, it's important to understand the relationship that a tenant has with the corporation's leadership (condo property management and the board of directors).
As rental rates in condominiums continue to grow due to housing affordability and lifestyle considerations, it's incredibly important to understand that the nature of renting in a condo is very different than that of rental buildings or private free-hold homes. This is because condominiums deal with space ownership differently, in addition to having governing documents that all residents - including renters - must abide by.
So, what are these governing documents that all condominium residents must abide by? Good question! First and foremost, the Condominium Act (1998) (also known as "The Act") specifies that owners are responsible to ensure that their tenants comply with the corporation's governing documents (and must provide them with copies of the documents, too). Governing documents include the Declaration, By-Laws, and Rules. Furthermore, when an owner rents their unit, they must notify property management of the rental agreement as well as the renter's contact information within 10 days of signing the agreement with their tenant (S. 83 (1) of the Condo Act).
What's the owner-tenant relationship like in a condo setting? Because renters have a contractual relationship with their landlords (the unit owner), they should treat their landlords as the point-person by going to them first for any concerns they may have about their unit and/or the corporation's common elements. There's a common misconception that tenants can rely on condominium legislation, but, in fact, the relationship between a tenant and landlord is actually governed separately by the Residential Tenancies Act, 2006.
How does property management's role relate to tenants? A lack of legislation doesn't necessarily mean that condo property management cannot interact with tenants, after all, they're residents, too! Tenants should feel welcome to communicate about some general corporation concerns and issues, or to bring information about emergency matters to the manager's attention (or to other relevant staff and/or board members). It is reasonable for tenants to expect to be treated professionally by condo property management, so managers must prioritize providing courteous services even if tenants are not technically their "clients". On the flip side, renters must understand the nature of the tenant-management relationship in that property managers service the condominium corporation directly and under the direction of the board of directors, as well as that the corporation and the owner have exclusive obligations towards one another.
Therefore, it's important for tenants to understand that property management consultants under the direction of the board to manage the condominium and has obligations towards the unit owners - but the tenants are governed by separate legislation that limits their contractual relationship to their landlord (the unit owner). Furthermore, while the increase in condo rental demonstrates that living in a condo can be a great experience, legislation clearly shows that it's important to understand the rules and regulations that come with it. Read on for our quick guide to A Tenants Top 10 Rights + Responsibilities When Renting a Condo in Ontario.