The lack of affordable housing in Ontario has contributed to homelessness and social inequality, but it has also given rise to a largely overlooked issue: overcrowded condominiums.
Professionals in the residential sector increasingly encounter this challenge; however, overcrowding is difficult to address and even harder to resolve, especially when governing documents provide little clarity. Many corporations have declarations, bylaws and/or rules that reference unit occupancy by a “single family,” but they fail to define what “family” actually means. This vagueness complicates enforcement.
Condominiums are designed with certain assumptions in mind. A two-bedroom unit, for example, is meant to house two to four people—not ten. Everything within the building, from plumbing and HVAC to elevators and garbage rooms/chutes, is planned around these occupancy assumptions.
When units become overcrowded, issues spread quickly beyond the four walls of the unit. More people means more garbage. Waste collection is usually tied to condominium/common element fees, so an increase in garbage will most certainly strain the existing budget. As a result, the added costs will fall on unit owners.
Inside units, overcrowding often leads to cramped living conditions, mattresses on the floor, and poor upkeep. These conditions can trigger pest issues such as cockroaches and bed bugs, which inevitably spread to other units and the common elements. This issue is difficult to prove and costly to fix.
Increased occupancy also puts strain on the building itself. Elevators, garage doors, plumbing and HVAC systems wear out faster. Residents face higher maintenance costs, more frequent maintenance repairs and/or breakdowns, and inconveniences such as long wait times for elevators and gym equipment. Excess noise can create tension between neighbours and reduces overall quality of life. Or, as we say in the condominium world, “owners and occupants are entitled to the quiet enjoyment of their units and common elements, free from nuisance or unreasonable disturbance”.
Governance is another difficult issue. Even when a unit is clearly overcrowded, managers face significant barriers. Boards and managers can request names of occupants, vehicle information and emergency contacts, but are limited by what residents disclose. Under section 83 of the Condominium Act, 1998 (the Act), “all owners must notify management within ten days of signing a lease.” However, this requirement often carries little weight unless the corporation files a dispute with the Condominium Authority Tribunal (CAT), which can be hard to enforce and prove.
The Ontario Human Rights Code, which takes precedence over the Act, prohibits discrimination based on family status, marital status and other protected grounds. A corporation, therefore, cannot ask residents to prove they are related, nor can it impose arbitrary definitions of “family.”
Notices such as “no unit shall be occupied in a manner that causes unsanitary conditions or unreasonable wear on common elements” sound clear and straightforward on paper, but are almost impossible to enforce. What is “unreasonable wear” to one person may seem perfectly normal to another. Managers are left trying to balance the expectations of owners, the limits of governing documents, and the realities of human rights law.
The Ontario Building Code and Fire Code establish limits tied to square footage and safety requirements, but enforcement remains difficult. Municipal property standards (by-law) can be enforced in extremely obvious situations when conditions become unsafe or unsanitary.
So, what can corporations do to help minimize the issue of overcrowding? They should modernize their governing documents to reference “occupants” rather than using the term ‘family.” This kind of language should help, however, enforcement would remain difficult. Proving the number of people residing in a unit is a nearly impossible task without infringing on human rights.
Overcrowding in condominium units is a byproduct of Ontario’s affordable housing crisis and often goes overlooked. It poses a tangible risk to buildings, increases the cost to owners (higher condo fees and/or special assessments) and creates major challenges for managers and boards.
Until condo corporations’ governing documents provide clearer guidance and housing affordability improves, these corporations are left balancing a fine line between safeguarding their communities and respecting the human rights of their residents.
Shiona Niven, BA, OLCM, is the founder and President of Niven Condo management Inc., a boutique firm serving Waterloo and Wellington Regions. With a strong background in business and customer service, Shiona brings a hands-on, client-focussed approach to condominium management. By intentionally managing fewer communities, she ensures each receives exceptional attention, transparency, and care – delivering on her vision of Condo Management Redefined. www.nivencm.com
