Article
Rules

Rules

What condo declarations say about rentals

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Rules
3 minute read
Written for property owners

Owners spend a lot of energy on the city’s rules and almost none on their building’s. That is the wrong way round, because your declaration is the document most likely to stop you and it is the one you can read this afternoon.

Two sets of rules, not one

The city sets one floor. Your condominium corporation can sit above it, and frequently does. A unit that clears every municipal requirement can still be forbidden by its own building, and the building’s rules are the ones with a board and a property manager watching.

The city’s short-term rental framework sets a minimum standard. It does not override your declaration, and where the two disagree the stricter one is the one that governs what you can do.

What they usually say

Declarations vary, but they tend to land in one of three places:

  • A minimum stay. The most common. Thirty days, six months, or occasionally a year. This is the one that matters most, because a 28-night mid-term floor clears some of them and not others
  • A prohibition on transient or hotel-like use. Broader wording, usually aimed squarely at nightly letting, and usually leaving longer stays alone
  • Nothing specific. Older declarations often predate any of this, which does not mean anything goes: the board can still pass rules

Where to look

Three documents, in this order: the declaration itself, the rules, and any recent board circulars. The last of those is the one owners miss, because a rule passed in the last two years will not be in the declaration you were handed at closing.

If you cannot find them, the property management office for your building has them, and asking does not flag you as a problem. Owners request them for all sorts of reasons.

Why we read it first

Because it is the fastest way to a real answer, and because getting it wrong is expensive in a way that is hard to undo. A board that has already written to an owner about letting is a considerably harder conversation than one that has not.

It is also the reason we will not tell you what your unit can run without reading yours. A general answer about Toronto is not an answer about your building.

About your unit, not units in general

Send the address. Get a straight answer.

The review reads your declaration, your building’s rules and where your unit sits with the city. It is free and it comes back in writing.