July 8, 2026 - Blog Post

Creating Common Element Rules: What Every Condo Board Should Consider

Summer has finally arrived.  It seemed a long time coming.  It is likely that more people will be on holidays and/or there will be more visitors to your building(s).  This might be a good time for your board to review the corporation’s Common Element Rules (CER).

One of the most important jobs you can do as a board is manage the common elements - hallways, parking areas, amenity spaces, landscaping, storage areas, elevators, and shared facilities.  These spaces belong to everyone—and that means everyone has an opinion about how they should be used.

When issues arise, the instinct is often to create a new rule.  While rules can solve problems, they should never be created simply because one incident occurred or one owner complained.  Good rules are thoughtful, reasonable, enforceable, and designed to benefit the entire community.

Before putting a new common element rule before the ownership, boards should carefully consider the following:

Start with the Problem, Not the Rule

Every rule should solve a clearly identified problem.  Ask yourself:

• What behaviour are we trying to address?
• Is this a recurring issue or an isolated incident?
• Could the issue be resolved through communication instead of regulation?
• Will a new rule actually solve the problem?

Sometimes education or a reminder to residents is more effective than adding another rule to an already lengthy set of CER.

Make Sure You Have the Authority

A condominium board cannot create rules about anything it wants.  Rules must fall within the authority provided by the condominium legislation, the declaration, and the bylaws.  They should relate to the use of the units or common elements and generally exist to:

• Promote the safety, security, or welfare of owners and residents.
• Protect the corporation's property.
• Prevent unreasonable interference with the use and enjoyment of the property by others.

If a proposed rule goes beyond these purposes, it may be challenged.

Be Reasonable

A good question to ask is:  "Would a reasonable owner understand why this rule exists?".  Rules should balance the interests of the individual with the interests of the community.

For example:

• Limiting excessive noise after certain hours is generally reasonable.
• Prohibiting children from using outdoor spaces would likely not be.

Reasonableness is often one of the first things examined if a rule is challenged.

Keep the Purpose Clear

Owners are much more likely to follow rules when they understand why they exist.  Instead of simply saying: "No bicycles permitted in hallways.", explain the purpose: "Bicycles are prohibited in hallways to maintain safe emergency exits, prevent damage to walls and doors, and reduce tripping hazards.".  People may not always agree with a rule, but understanding its purpose often increases voluntary compliance.

Consider How It Will Be Enforced

A rule that cannot be enforced consistently usually causes more problems than it solves.  Ask:

• How will violations be identified?
• What evidence will be needed?
• Will management be responsible?
• Will the board need to investigate complaints?
• Can enforcement be applied equally to everyone?

Selective enforcement quickly leads to accusations of unfairness and potential rebellion.

Avoid Creating Rules for One Person

It is tempting to write a rule after a difficult interaction with a particular owner.  This is usually a mistake.  Rules should address behaviours that affect the condominium as a whole - not target individuals.  If the rule would seem unnecessary without that one owner, it probably should not become a permanent part of the corporation's governance.  Deal with the individual directly.

Keep Rules Simple

Complex rules create confusion.  Avoid lengthy legal language whenever possible.  Instead of multiple paragraphs explaining every possible exception, use plain language that residents can easily understand.  Simple rules are easier to:

• Remember
• Communicate
• Enforce
• Defend if challenged

Think About Unintended Consequences

Every rule affects more people than the board may initially realize.  Before putting an updated set of rules before the ownership, ask:

• Could this inconvenience responsible owners?
• Could it discourage reasonable use of the amenities?
• Will it create unnecessary administrative work?
• Are there situations where exceptions may be needed?
• Will it likely not be accepted by a majority of the owners?

If the answer is yes to any of these questions, you should consider whether a rule is the right way to go.  Sometimes the side effects outweigh the benefits.

Be Consistent with Existing Rules

Over time, common element rules can become inconsistent.  One rule may permit an activity while another appears to prohibit it.  Before adding a new rule, review existing rules to ensure they work together.

This is also a good opportunity to remove outdated or unnecessary rules that no longer serve a purpose.  CER are one of the easiest things for boards to change as it only requires a simple majority of owners to vote in the affirmative at a scheduled general meeting.   Also, if no objections are given within 10 days of publishing a proposed rule addition or change, it can be enforced until formally approved at a general meeting.

Consult Owners When Appropriate

Not every rule requires extensive consultation, but listening to owners can provide valuable insight.  Residents often identify practical concerns the board may not have considered.  Consultation also helps build support for new rules and demonstrates transparency in the board's decision-making.  Owners are generally more accepting of changes when they feel they have been heard.

Think Long Term

A rule adopted today may still be in place ten years from now.  Ask yourself:

• Will this still make sense as the building evolves?
• Is it flexible enough to accommodate future changes?
• Could technology or changing lifestyles make it obsolete?

Good governance means creating rules that stand the test of time rather than reacting to today's frustrations.

Communicate Clearly

Once a rule is approved, don't assume all the owners will automatically know about it.  Communicate the change through multiple channels:

• Email notices
• Newsletters
• Building signage (where appropriate)
• Resident websites or portals
• Welcome packages for new owners

Explain both the rule and the reason behind it.

Education is often far more effective than enforcement.

Review Rules Regularly

Rules should not remain untouched forever.  Boards should periodically review them to determine:

• Are they still necessary?
• Are they achieving their intended purpose?
• Are they being enforced consistently?
• Do they reflect current legislation and community expectations?

If the answer is no to any of these questions, consider changing or updating the rule or rules.  A regular review helps keep governance current and avoids accumulating outdated rules that no longer serve the condominium.  Ideally a board should review its CERs annually.

Final Thoughts

The best condominium rules are not the longest or the strictest - they are the ones that create a safe, respectful, and enjoyable community while being fair to everyone.  Fairness can be arbitrary as people may define what is fair differently.  Next blog we’ll discuss the issue of fairness in further detail and how a board can achieve fairness that can be supported.

Before creating a new common element rule, boards should pause and ask one simple question:

"Will this rule genuinely improve life in our condominium?"

If the answer is yes—and the rule is reasonable, enforceable, clearly communicated, and within the board's authority—it is far more likely to earn the respect and cooperation of the community.  Effective governance is not about having more rules. It is about having the right rules.

On a different note, I was pleasantly surprised to learn that our blog made the top 60 blogs in Nova Scotia on Feedspot https://bloggers.feedspot.com/nova_scotia_blogs/. We ranked 46^th. Hopefully we can up that level over the coming year.  Until next time,

"The secret to enjoying condo living isn't having perfect neighbours - it's having neighbours who respect that they live in a community."

Michael Kennedy
CCI Nova Scotia