The issue of occupancy standards in condominiums has become increasingly important as condo living grows in popularity. Recent court decisions have upheld the validity of single-family restrictions within condo rules or declarations, citing concerns such as excessive noise, parking problems, and damage to property arising from an increase in the number of units with multiple tenants. However, even units occupied by a single family can face similar issues if the number of residents is excessive. To address this, many condominium corporations are implementing occupancy standards by-laws, which establish the maximum number of people allowed to occupy a unit.

These occupancy standards can be based on municipal zoning by-laws or the more restrictive guidelines of the Ontario Building Code. The latter typically allows for two persons per sleeping room in a dwelling unit. To prevent unit owners from subdividing their units or converting non-bedroom spaces into sleeping areas to accommodate more residents, the by-law should define what constitutes a sleeping room based on the original design of the unit. This proactive approach aims to maintain the integrity of the property and prevent overcrowding.

In addition to setting occupancy limits, these by-laws often include provisions for enforcing compliance. For instance, residents found to be in contravention of the occupancy standards may be required to vacate the unit, and the condominium corporation may assess fines to cover any increased costs associated with maintaining common elements or repairing damage caused by overcrowding. These measures provide a deterrent against violating the occupancy limits and help ensure a harmonious living environment for all residents.

For units with existing occupants exceeding the maximum occupancy set by the by-law, condominium boards may allow these units to register each occupant with management and enter into a grandfathering agreement. This agreement typically allows existing occupants to remain in the unit, but prohibits any additional occupants beyond the maximum limit. This approach acknowledges the practical challenges of implementing new occupancy standards and provides a transitional period for affected residents to adjust to the new rules.

However, it's crucial for residents to comply with these regulations to avoid potential conflicts and legal proceedings. Failure to register excess occupants or abide by the occupancy limits may result in enforcement actions by the condominium corporation. By promoting awareness of the by-laws and ensuring residents understand their obligations, condo boards can foster a culture of compliance and mutual respect among residents.

Ultimately, occupancy standards by-laws, combined with single-family restrictions, serve as essential tools for condominium corporations to maintain a desirable living environment and protect property values. By establishing clear guidelines for occupancy and enforcing compliance, condo communities can strike a balance between accommodating residents' needs and preserving the integrity of the development.