Condo by-law authorizing Santa Claus to land on common elements
We’ve been a little quieter this year, at the Condo Adviser. But did you really think we’d skip our traditional Christmas post?!
In line with our previous holiday posts that blend Christmas classics with condo life, we offer you a whimsical by-law officially authorizing Santa’s rooftop landings on condo buildings across Ontario—ensuring that all residents, young and old, can enjoy the holiday magic without violating any pesky condo regulation. This by-law will ensure that Saint-Nick’s visit is in full compliance with the Condo Act and that it doesn’t trigger the Condo Authority Grinch.
Rest assured, Santa’s sleigh will adhere to all noise and safety standards, and the reindeer will steer clear of common element balconies (sorry, no Rudolph selfies).
So here it is, our By-Law with a… Santa clause.
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BY-LAW APPLICABLE TO ALL ONTARIO CONDO CORPORATIONS
(The Santa Claus by-law)
BE ENACTED the following as a by-law to all Ontario condo corporations, being a by-law granting Santa Claus a temporary easement through common elements and a right of unit entry for the purpose of distributing gifts and spreading holiday joy to CondoLand.
PREAMBLE
- Whereas, pursuant to section 17 of the Condo Act, the Corporation shall manage and administer the property on behalf of owners;
- Whereas, pursuant to section 21 of the Act, the Corporation may by by-law grant or transfer an easement or licence through its common elements;
- Whereas, pursuant to section 19 of the Act, the Corporation or a person authorized by the Corporation may, on reasonable notice, enter a unit or a part of the common elements over which an owner has exclusive use, at any reasonable time, to perform the objects and duties of the Corporation;
- Whereas the Corporation acknowledges the longstanding tradition and festive spirit associated with the seasonal goodwill and with Santa Claus’ traditional nocturnal, reindeer-led gift giving operation;
- Whereas it is beginning to look a lot like Christmas;
- And whereas this is truly the most wonderful time of the year;
THEREFORE BE IT ENACTED as follows as a by-law of all Ontario Condominium Corporations:
DEFINITIONS
2.01 All capitalized words which are defined in the Act or the Declaration shall have ascribed to them the meanings set out in the Act or the Declaration respectively.
2.02 In this by-law, capitalized terms have the following meaning ascribed to them:
a. “Naughty list” A curated roster of condo dwellers whose behavior over the past year has been deemed or found to be below Santa Claus’ behavioral standards or those of the Condo Authority of Ontario. Late payment of common expenses, the presence of a condo lien on title for any duration of time during the current fiscal year, breaches of the Corporation’s rules, excessive records requests and/or rude behaviour at AGMs place condo dwellers appearing on this list on the coal-only gift package.
b. “Nice list” A similarly meticulously curated registry of condo dwellers who, through presence at AGMs, timely payment of common fees, general compliance with the Corporation’s governing documents, polite communication with condo managers and a general sense of gratitude towards current and past directors, have met or exceeded Santa Claus’ behavioral standards and those of the Condo Authority of Ontario. Inclusion on this list may entitle the condo dweller to gifts and goodwill on Christmas Day.
c. “Santa Claus”, also operating as Saint-Nicholas, includes but is not limited to the magical, jolly, red-suited gift-giver, regardless of age, gender or size, capable of leading Santa’s Sleigh (hereinafter defined) for the purpose of spreading joy and distributing gifts around the world and on Condo Land (hereinafter, “Santa”).
d. “Sleigh” shall refer to Santa’s all-terrain, zero gravity vehicle powered by Santa’s Reindeer (hereinafter defined) for the purpose of distributing gifts to all individual on the “Nice List”.
e. “Reindeer” shall refer to the collective of nine reindeer employed by Santa in the seasonal distribution of gift, each possessing unique flight capabilities including that of night flight while pulling Santa’s Sleigh regardless of weather conditions, with one of the said Reindeer possessing an illuminated nasal appendage serving as a navigation aid.
DURATION AND EFFECTIVE PERIOD OF THIS BY-LAW
3.01 This by-law shall be effective, every year, between zero hundred hours on December 24 and 23:59, on December 25, local time (hereinafter referred to as the “Effective Period of this by-law”).
3.02 This by-law does not require to be voted in by the owners of a majority of units in the Corporation and does not require to be registered at the local land registry office to be effective.
EASEMENT AND LICENCE
4.01 During the Effective Period of this by-law, the Corporation shall grant a non-exclusive but unlimited easement and licence through the common elements, authorizing Santa to land and temporarily park Santa’s Sleigh and his Reindeer on the premise’s rooftop for the purpose of delivering gifts.
4.02 For corporations without a rooftop capable of accommodating the landing of Santa’s Sleigh, Santa shall be authorized to land and park his Sleigh and Reindeer on any other non-exclusive use common element area capable of safely permitting such landing.
LANDING CONDITIONS
5.01 The landing of Santa’s Sleigh shall:
a. be at night or when children are sleeping;
b. be done with the silent rooftop landing gears having been activated; and,
c. not exceed the roof’s maximum load bearing capacity.
5.02 In the event of any damage to common elements during landing or take off, Santa shall, within 45 days, dispatch his team of elves to affect any and all required repairs at no cost to the Corporation.
5.03 Reindeer shall:
a. be safely and comfortably tethered;
b. maintain proper formation and fly in compliance with Canadian aviation and transportation regulations;
c. be equipped with rooftop-appropriate footwear to prevent damage to shingles and rooftop membranes;
d. have their reindeer bells muted until take off to avoid detection by light sleepers.
5.04 Strict “stoop and scoop” measures will be abided by for the duration of the operation.
ACCESS TO UNITS
6.01 Santa shall be deemed to be a person authorized by the Corporation to enter a unit or part of the common elements over which an owner has exclusive use.
6.02 This by-law shall be deemed to constitute the required reasonable notice granting Santa the right to enter the units of those wishing to receive Santa’s visit. Residents wishing to receive Santa’s visit shall leave out cookies and milk (or other dairy-free product) for Santa and/or carrots for his Reindeer.
6.03 To facilitate Santa’s ingress and egress, residents wishing to receive the jolly visit must ensure that their chimneys are clear of any obstructions. In units without chimneys, Santa shall be authorized to use any other pipe, wire, cable, conduit, duct, flue, shaft or vent, whether same is located within the unit or on common elements.
6.04 The Effective Period of this by-law shall be deemed to be a reasonable time for such access.
LIST OF OWNERS
7.01 Santa shall have access to the list of owners, tenants and mortgagees maintained by the Corporation pursuant to sections 46.1 and 83 of the Act to cross-reference his own “Nice” and “Naughty” lists.
7.02 The occupants of any unit in arrears for 30 days or more shall be deemed to be on the “Naughty list”.
7.03 The Nice and Naughty lists shall not form part of the records of the Corporation.
7.04 Notwithstanding any contrary provisions herein (or elsewhere), the placement on Santa’s Naughty list shall be deemed to be final, binding and non-appealable.
7.05 The Corporation shall in no way be held responsible or liable for the list on which Santa places any occupant, which determination rests solely with Santa, to be exercised in his sole and jolly discretion.
7.06 The Condo Authority Tribunal shall not have any jurisdiction over disputes pertaining to the placement on any of the aforementioned lists.
RULE EXEMPTION
8.01 For the Effective Duration of this by-law:
a. Reindeer shall be deemed not to be pets or animals prohibited or regulated by any of the Corporation’s governing documents, regardless of their size or weight;
b. Santa’s Sleigh shall not be deemed to be a vehicle for the purpose of the application of the Corporation’s governing documents. The landing and presence of Santa’s Sleigh shall also not be considered to be parking for the purpose of any of the above;
c. Santa’s presence and that of his Reindeer shall not constitute trespass and shall be exempt from the application of the Occupiers Liability Act.
8.02 The Smoke-Free Ontario Act and any rules pertaining to smoking shall continue to apply. While Santa shall be permitted to hold a pipe, it shall not be lit while on common elements or in units. Smoking candy canes shall be permitted.
EXCLUSION OF THE CAT JURISDICTION
9.01 During the Effective Period of this by-law, the Condominium Authority Tribunal shall not have jurisdiction over disputes pertaining to the following:
a. Reindeer;
b. Parking of Santa’s Sleigh;
c. Nuisance caused by the application of this by-law including noise, odour, smoke, vapour, light and vibration caused by the landing, parking or taking off of Santa’s Sleigh;
d. Access to or inspection of Santa’s Naughty or Nice Lists.
9.02 Any dispute, controversy, disagreement or claim arising under, out of, or relating to this by-law or its application shall be submitted to, and shall fall under the exclusive jurisdiction of the Christmas Misgiving and Re-Gifting Arbitration Office (hereinafter, the “CMRAO”). Anyone submitting a claim under this article is deemed to be on the Naughty list for the following holiday season.
APPLICATION TO THE THREE WISE INDIVIDUALS
10.01 This by-law is effective and applies with all required modifications to any gift distribution made on or around January 6 by the Three Wise Individuals, also referred to as Magi or Los Reyes, regardless of their number, gender or origin.
10.02 In the case of the application of this article, any reference to Reindeer in this by-law shall be deemed to refer to and include camels.
Dated this Christmas holiday, at the North Pole.
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So here it is, Folks! Another year has zoomed by! Admittedly, we fell off the blog horse earlier this year and have been a little less present in this space. We promise to get back on the saddle in 2025 with more frequent posts and, back by popular demand, a couple of webinars!
Whether you were on the naughty or the nice list this year, we hope this holiday brings joy, laughter and great memories with friends, family and condo neighbours!
From everyone at the Condo Adviser, we’re wishing all a very merry Christmas!
Prior Christmas posts
Here are some of our past Christmas posts, which you may enjoy revisiting:
- Frosty the Boardman (Ode to CondoLand) (2023)
- Can condo corporations put up Christmas decorations on common elements? (2021)
- ‘Twas the night before Christmas (in CondoLand) (2021)
- A ghost story of condo Christmas (2020)
- The condo director who stole Christmas (2019)