Sandrine Boisselier
Director of Marketing
and
Rebecca Gillis
Legal Affairs Manager
When democracy and condominium living must coexist
The federal election campaign has officially begun, and Canadians will head to the polls on April 28. While this period is essential to democratic life, it can sometimes create tension within condominium buildings.
Posting election signs, door-to-door visits by candidates or their representatives, requests for building access… These situations often raise questions—or even conflicts—when they clash with internal bylaws or residents’ expectations.
In this article, SolutionCondo reminds you of the rights outlined in the Canada Elections Act, and offers practical advice on how to manage these situations with clarity and respect—for the benefit of all residents.
The Canada Elections Act is clear: a condo syndicate (condominium board) cannot prohibit an owner from displaying an election sign on their private property.
Clarification on limited common areas:
These are often the places where owners might want to post signs (e.g., balconies, windows). Elections Canada states:
“Common areas” refer to areas that can be used by all building occupants and their visitors (e.g., the lobby, hallways, stairwells). This term does not apply to places that are part of a dwelling and are not accessible to other residents, such as balconies.
So, it should be understood that Elections Canada considers limited common elements serving only the specific condo unit as equivalent to private residential property.
Section 322(1) – No person, including a legal entity such as a condo syndicate, may prohibit a condo unit owner from placing an election sign on their property.
However, the law does allow the syndicate to impose reasonable conditions regarding:
Important reminder: The bylaws in your condo declaration cannot override existing laws. During an election period, the right to post signage prevails, even if internal rules normally forbid all signage.
Special notice for heritage buildings (provincial law):
Section 259.4 – No election-related signage may be placed on a classified heritage building or in a designated heritage site as defined by the Cultural Heritage Act (Chapter P-9.002), or in a site designated as a national heritage site under that law.
Section 81 of the Canada Elections Act also provides the right of access to multi-unit residential buildings, including condominiums.
Candidates and their representatives are allowed, between 9 a.m. and 9 p.m., to:
This right applies only from the moment their candidacy is officially accepted until election day.
Representatives must carry documentation confirming their status and may also have a letter signed by the candidate confirming that they are acting on their behalf.
There is only one exception to this access right: if there is a real risk to the physical or psychological health of residents due to the presence of candidates or representatives.
This exception must be based on concrete facts and cannot be invoked simply because some residents are bothered by solicitors.
To balance democratic rights with good condominium neighborliness, consider the following tips:
Any resident, manager, or condo syndicate may file a complaint with the Commissioner of Canada Elections if a right protected by the Elections Act is violated.
Commissioner of Canada Elections
Electoral campaigns are an integral part of democratic life, and condominiums are no exception. By understanding legal obligations and adopting a transparent approach, condo syndicates can help ensure everyone’s rights are respected—while maintaining a climate of respect and safety within their buildings.
The Elections Act outlines rights regarding signage and access during election periods.
Consult the Act on the Justice Canada website
Relevant Sections:
Q: Can election signs be banned from condo windows or balconies?
A: No. Even if the condo bylaws prohibit signage, a syndicate cannot prevent an owner from displaying an election sign on their private unit (Section 322).
Q: Can a candidate be denied access for door-to-door visits?
A: No, except in very specific situations. Candidates and their reps have the right to access unit doors and common areas between 9 a.m. and 9 p.m. once their candidacy is confirmed (Section 81).
Q: Can the syndicate be held responsible in case of a complaint?
A: Yes. If rights under the Elections Act are violated, a complaint can be filed with the Commissioner of Canada Elections.
Q: Can we require candidates to give prior notice of their visit?
A: No. The Act does not require prior notice, but it is recommended to inform residents when possible, to maintain a calm atmosphere.
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