Few things test a condominium’s day-to-day systems like a move. Furniture scrapes corridor walls, movers block the lobby, the service elevator is double-booked, and a neighbour complains that a delivery blocked their car. Boards that treat move-in and move-out as an afterthought usually discover the gaps the hard way: damaged common elements, angry residents and deposits that never get returned.
This guide is for Ontario and Toronto condo boards and directors. It explains where move rules get their authority under the Condominium Act, 1998, what a practical elevator booking and deposit process looks like, how damage and chargebacks should be handled, and where professional management makes the process work. It is written for boards, but owners and tenants moving into a Toronto tower will find it useful too.
Why Move Rules Matter in Toronto Condos
Toronto’s high-rise stock means most moves travel through shared lobbies, corridors and elevators. A poorly managed move does more than inconvenience one floor. It can close a service elevator for hours, leave scrapes on drywall that the reserve fund ends up paying for, and create disputes that drag on long after the truck has left.
Clear rules also set expectations for owners who lease their units. Tenants and their movers rarely read the declaration before booking a truck, so the corporation needs a process that reaches them in time. Our guide to leasing notices and lease records under section 83 covers the statutory leasing side; this post covers the practical move itself.
A well-run process protects the common elements, treats every resident the same way, and reduces the board’s involvement in one-off arguments. That is the kind of administration boards should expect from condo property management in Toronto.
Where Move Rules Get Their Authority
Ontario does not have a single statute that sets elevator booking hours or deposit amounts. Move-in and move-out rules sit in the corporation’s own governing documents, and those documents have to fit inside the Act.
- The declaration can set lasting conditions about use of the common elements. It is harder to change, and it is not held to the same reasonableness test as rules.
- By-laws organize how the corporation is run. Some corporations put chargeback or indemnity language in a by-law so that documented repair costs can be added to an owner’s common expenses when the Act or the by-law allows it.
- Rules are the usual home for elevator bookings, reserved move windows, padding requirements, corridor protection and refundable deposits. Under section 58 of the Act, the board may make rules respecting the use of the units, the common elements or the assets of the corporation to promote the safety, security or welfare of the owners and of the property and assets, or to prevent unreasonable interference with the use and enjoyment of the units, common elements or assets.
Section 58(2) is the line boards must keep in mind: the rules shall be reasonable and consistent with the Act, the declaration and the by-laws. The Condominium Authority of Ontario’s rules page summarizes the same test and walks through how rules are passed, how owners can requisition a meeting, and how they become effective.
When a board wants to introduce or rewrite a move rule, section 58(6) requires a notice to owners that includes a copy of the rule, the proposed effective date, a statement about the owners’ right to requisition a meeting under section 46, and a copy of the text of sections 46 and 58. Subject to the Act’s timing rules, a rule generally becomes effective after the notice period unless owners requisition a meeting and vote it down. Our explainer on declaration vs by-laws vs rules shows which document belongs to which kind of restriction.
Elevator Bookings That Actually Work
Most Toronto towers put moves through a service or freight elevator on a reserved window. A workable booking system usually covers:
- Advance booking. Require a booking form a set number of days ahead, with the unit number, resident or owner contact, mover name if known, and the requested date and time.
- Reserved windows. Publish available hours so residents know what to expect. Many buildings limit moves to weekday daytime windows and keep evenings and weekends for emergencies or smaller deliveries.
- One move at a time. Protect the elevator and the lobby by refusing overlapping bookings, and keep a short buffer between them for padding and inspection.
- Pads and protection. Have building staff install elevator pads and, where appropriate, corridor runners before the move starts.
- Loading area rules. Tell movers where the truck may stand, how long it may occupy the bay, and that lobbies and exits must stay clear for emergency access.
- Insurance confirmation. Ask for proof that the moving company carries liability insurance. That does not replace the corporation’s own insurance, but it reduces arguments if a mover damages property.
Write the steps into the rule and into a short owner-facing checklist. Concierge or management should confirm the booking in writing and remind the resident of the deposit, inspection and cancellation rules before the day arrives.
Unbooked moves are a common source of conflict. The rule should say that large moves without a booking can be stopped, and that the owner remains responsible for damage even if the move was not booked. Consistency matters: if the board lets one owner skip the process, the next owner will expect the same treatment.
Deposits, Fees and What Is Reasonable
Boards often mix three different money questions into one “move fee.” They are not the same thing, and treating them as one package creates avoidable disputes.
- A refundable damage deposit is money held against documented damage to the elevator, corridors or other common elements used for the move. It is returned after a post-move inspection if nothing is damaged, or reduced by the cost of documented repairs.
- A non-refundable booking or administration charge is a fee for using staff time, padding or a reserved elevator window. Whether that kind of charge can stand as a rule depends on the corporation’s governing documents and on section 58’s reasonableness test. A fee that simply sells owners the right to use a common element they already pay for through common expenses is often challenged; a charge tied to real incremental costs is on firmer ground. Get legal advice before relying on a non-refundable fee.
- A chargeback for actual repairs is a cost the corporation seeks to add to the owner’s common expenses under the Act or the governing documents after damage has occurred. That is different again from holding a deposit.
Best practice for a damage deposit is straightforward:
- State the amount, who holds it, and the conditions for return in the rule or booking agreement.
- Do a written pre-move inspection of the elevator cab, doors, frames, corridor walls and lobby path with the resident or mover present.
- Do the same inspection when the move ends.
- Return the deposit promptly if there is no damage, or provide an itemized note of what will be deducted and why.
Do not invent “standard” dollar amounts in the rule without looking at your building’s experience and your lawyer’s advice. What is reasonable for a 40-storey downtown tower may not fit a low-rise townhouse corporation. Put the authority and the process in writing, apply them evenly, and keep the records.
One more distinction matters for leased units. Under the Residential Tenancies Act, 2006, a landlord generally cannot collect a damage deposit from a tenant. That limit sits between landlord and tenant. It does not stop a condo corporation from requiring a refundable move deposit under its own rules for use of the common elements, but the person who pays the corporation is usually the owner or whoever the rule names. Management should make that clear so owners do not assume a tenant payment satisfies every obligation.
Damage, Chargebacks and Documentation
When a move damages common elements, the corporation needs a clean paper trail. Photos from the pre- and post-move inspections, the booking form, invoices for repairs and notes of conversations with the owner should all sit in the unit file.
The Act sets out several routes for recovering costs. The CAO’s chargebacks page summarizes the main ones. For damage to a unit caused by an owner, a lessee or a person residing in the unit with the owner’s permission or knowledge, section 105(2) adds to the common expenses for that unit the lesser of the cost of repairing the damage and the corporation’s insurance deductible. Section 105(3) lets a by-law extend those circumstances. Separate provisions, including section 92, address situations where the corporation carries out an owner’s repair or maintenance obligations and recovers the cost.
Chargebacks for common-element damage during a move often also depend on the corporation’s declaration, by-laws or rules. Boards should confirm with their condominium lawyer which instrument they are relying on before adding a repair cost to an owner’s account.
Two limits come up often:
- Document the damage. A deposit deduction or chargeback without a clear before-and-after record invites a dispute the corporation may lose.
- Compliance costs are different from repair costs. The Superior Court of Justice has made clear that corporations generally cannot charge owners for compliance-related costs, such as legal letters telling someone to follow the rules, without permission from the court or the Condominium Authority Tribunal. The CAO’s chargebacks guidance makes the same point. Repairing a scraped elevator panel is not the same as billing an owner for a lawyer’s warning letter.
If the underlying dispute is about whether a move rule is reasonable, or about how a deposit was handled, the forum depends on the issue. Many day-to-day governing-document disputes can go to the CAT; repair and damage chargebacks often sit outside the CAT and may need mediation, arbitration or court. Our guide to choosing between the CAT, mediation and arbitration walks through the options.
A Practical Move Process for Boards
A board does not need to invent the process from scratch. Ask management to run a standard workflow and report exceptions:
- Publish the rule and a one-page checklist on the owner portal, covering booking lead time, hours, deposit, insurance, loading area and cancellation.
- Confirm every booking in writing, with the deposit and inspection steps restated.
- Inspect before and after, with photos and a short signed form.
- Return deposits on a set timeline, such as within a stated number of business days after a clean inspection.
- Escalate damage promptly with photos, an estimate and a clear letter to the owner explaining the authority being relied on.
- Track moves in the monthly management report so the board can see volume, cancellations and damage incidents. Our guide to what belongs in a condo manager’s monthly report explains how operational items like this should appear.
Tie the move process to leasing and access control. When a tenant moves in, the section 83 notice, fob activation, parking registration and elevator booking should be separate checklist items, not one vague “move package.” When a tenant moves out, cancel access on a known date and inspect the common-element path used for the move.
Where Professional Management Helps
Move rules only work if someone administers them every week. That means answering booking requests, coordinating pads and security, chasing missing deposits, photographing corridors and closing files without the board having to intervene. Boards that find themselves mediating elevator disputes personally are usually looking at a management gap, not a one-off bad mover.
If your building’s move process is informal, inconsistently applied or generating repeated damage claims, it is worth reviewing both the rule and the manager’s workflow. You can see the full range of management services we provide, or request a proposal from Brilliant Property Management if your board is comparing options.
Frequently Asked Questions
Can a Toronto condo require elevator bookings for moves?
Yes, if the requirement sits in a valid rule or other governing document. Under section 58, rules about use of the common elements must be reasonable and consistent with the Act, the declaration and the by-laws. Reserved elevator windows, padding and advance booking are common and usually serve safety and interference-prevention purposes.
Is a refundable move-in damage deposit allowed?
A refundable deposit tied to documented damage, with pre- and post-move inspection and prompt return of unused funds, is a common approach. The authority and terms should appear in the corporation’s rules or booking agreement. Amounts should be set with legal advice for your building, not copied from another corporation.
Can the corporation keep a non-refundable elevator fee?
It depends on the governing documents and on whether the fee is reasonable under section 58. Fees that look like a charge simply to use a common element owners already pay for are often challenged. Get condominium legal advice before relying on a non-refundable fee, and keep any real administration or protection costs clearly explained.
Who pays if movers damage the elevator or corridor?
The corporation will usually look to the unit owner under the Act and the governing documents, even if a tenant or mover caused the damage. A refundable deposit can be applied to documented repairs, and further costs may be recoverable as a chargeback where the Act or the governing documents allow it. Keep inspection photos and invoices.
Do tenants have to follow the building’s move rules?
Yes. Section 119 requires owners and occupiers to comply with the Act, the declaration, the by-laws and the rules, and requires owners to take reasonable steps to make sure their occupiers comply. Owners who lease units should give tenants the rules and make sure the move is booked properly.
Getting Move-In and Move-Out Right
Move rules are not about making life difficult for new residents. They are about protecting shared property, treating every owner the same way and keeping one household’s moving day from becoming the whole building’s problem. Put the authority in a reasonable rule, run a clear booking and deposit process, document damage and close the file promptly.
If your board wants a manager that handles this kind of administration consistently, request a proposal or learn more about our Toronto condo property management.
This article is general information about Ontario condominium law and practice. It is not legal advice. Your corporation’s declaration, by-laws and rules, and the facts of each situation, matter, so speak with your condominium lawyer before acting.