“Single Family Only” Clause in Ontario Condo Declarations

The "single family" clause is commonly found in condominium Declarations registered in Ontario and restricts the use of units to private single-family residences only. The purpose of this clause is to prevent units from being used for short-term rentals, commercial purposes, or as boarding houses. However, defining what constitutes a "family unit" can be complex, and interpretations may vary based on personal, cultural, or religious beliefs. To enforce the clause, it is essential to inform new owners about its existence and communicate the restrictions clearly. If multiple unrelated individuals are living in a unit, not meeting the definition of a "family unit," the condominium corporation has the obligation to request the unit owner to bring the unit into compliance. Case law has shown that the definition of "family" can be inclusive and evolving. Condominium corporations may consider seeking legal advice to clarify or change the wording in their Declaration or pass Rules to define "family" further as understood in their specific complex.