Especially when my neighbour (whom I have never once heard shouting or playing loud music) told me her mother-in-law said she would have to evict them and her 18-month grandson, if the board asked. What rights do renters have, when even owners often find themselves at the mercy of their condo board and management company?

Gerald Rotering, condo-specialist realtor in Calgary says, at least as far as the Condo Property Act is concerned, the rights of someone living in a condo are the same regardless of whether they rent or own their unit. In other words, the bylaws of a condominium corporation prevail for all and hold plenty of power in saying how residents can and should behave. Often bylaws, as in the case of my condo, start with strikingly similar wording to the Ten Commandments, with “An owner shall not … ” And in addition to these bylaws, condos also often have “house rules” including such things as how late the laundry room or garbage chute can be accessed. So, while the bylaws may say pets are allowed, for example, there may be a separate set of rules that says they must first be approved by the condominium board on a case-by-case basis.

The Act also gives owners the authority and ability to rent their suites out (sometimes corporations will require a damage deposit), but they should know it also means tenants’ behaviour will actually be thought of as their own in the eyes of the board. And when it comes to resident behaviour, Rotering says boards do wield as much power as any other governing body. “I used to have a joke ‘what’s the difference between a condominium board and the Supreme Court? Nothing’,” says Rotering.  In fact, he notes one Edmonton owner was actually evicted by her board in an extreme case after months of having fees applied to her account and warnings go unheeded, and despite a legal appeal, the decision was upheld. The court ruled that “for substantial breaches of the condominium bylaws” owners could actually be evicted, much like renters.

My neighbours’ rebuttal letter, though useless legally, raised some important points at least. It called into question whether a) there were any witnesses to the “noise” and b) if anyone had even verified the noise had originated in their unit. Rotering says, while he has seen similar situations before, the board was not outside of their rights to contact the management company and have the letter drafted, but the more noble thing would have been to first send a member of the board to the door and ask that the noise levels be reduced. “The first right a renter has is to courtesy. Someone on the board has to be brave enough to knock on the door. It’s only when the door is slammed in your face that a letter should get sent out in the mail.”

Rotering says renters do have the right to challenge such complaints as my neighbours were sent—especially if when board has gone as far as to ask tenants to leave—suggesting they would even be in their rights to notify a lawyer and challenge the move legally, to ensure the decision was reached with due process, fairness, and on the basis or written records (such as a log of noise complaints against them).

As it turns out, sometimes renters’ rights actually supersede those of the landlord, and this is where the provincial legislation, the Residential Tenancies Act, comes in, says Rotering. While you often hear stories about well-behaved renters being asked to leave their condo because its owner has decided to sell—even though they had a lease that still had nine months left in it— he says the renter would be well within their rights to challenge it, as the lease holds weight under the law.

Most of all, Rotering says when it comes to living in condominiums, whether as a renter or an owner, everyone has the right to respect. After all, if you lived in a single-family home and had a complaint about your neighbours parking in front of your home or watching violent, loud movies with the volume at 30, you would likely just ask them to be more respectful. “Everybody has rights, but everyone is also accountable,” he says.

He also suggests—at least for owners—who are concerned or displeased about how a condominium board handles complaints, getting involved personally. CL