Condo Rules – The Limits

Condo boards have the power to make and enforce rules regarding objectionable behavior, but these rules cannot override the declaration or bylaws that were accepted when purchasing a unit. In a case where a condo corporation sought to revise rules to control rentals and sales, the court ruled that these changes were not authorized by the bylaws. Bylaws can be amended by a vote of owners with over 50% voting in support, while changing a declaration requires a supermajority of at least 80%. If the bylaws or declaration allow for leasing of units, rules adopted by a condo board impairing the ability to lease are improper.