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Meetings

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.


Contact your condo board

Your condo board may be unaware of the requisition. Speaking to them may prompt them to take the necessary steps.

You can also send a templated letter if you are uncomfortable speaking to them or if you have spoken to them unsuccessfully.

Make sure to keep copies of any letters you send.

Follow up

Send a follow-up letter if you don’t receive a response after a reasonable amount of time has passed

Make sure to keep copies of any follow-up letters you send.

Use our meeting letter templates for owners

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Meetings

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.

Respond to the request

Discuss the accommodation with the requestor before making a final decision. You may be able to work with them and identify an accommodation that works for everyone.

Make sure to respond in writing and outline if:

  • You want to discuss possible accommodations
  • You need more information about the accommodation
  • You are willing to grant the accommodation
  • You are refusing to grant the accommodation

You can then offer to hold an electronic, in person or hybrid meeting. The meeting must be in accordance with your governing documents.

You may wish to seek legal advice if you are unsure of how to respond.

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Meetings

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.


Request copies of board meeting minutes

Corporations are required to keep minutes of their board meetings and owners are entitled to copies if they make a request using the appropriate condo form.

Contact the other party

Find out why the other party has failed to comply with the settlement agreement. The other party may not be aware that are not complying with the settlement agreement.

The first step should always be to speak to the other party and see if you can quickly resolve the issue without needing to file an application with the Tribunal.

You can also send a templated letter if you are uncomfortable speaking to them or if you have spoken to them and it has not worked. You can find templates at the bottom of this page. Keep copies of any letters you send.


Follow up

Send a follow up letter if the other party does not respond to you after a reasonable amount of time passes after you send the first letter. Keep copies of any follow-up as well.

 

Use our sample meeting letter templates for owners

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Meetings

Step 3: Solutions

Identify your situation to get started and try out our tailored solutions before deciding if you need to escalate your issue.

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Meetings

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.

Request an accommodation from your corporation

Your next step is to write to your condo board or manager and request an accommodation.  

It is important to work collaboratively with your board to ensure that the accommodation meets everyone’s needs. All parties should participate productively in the discussions about potential solutions.

You can review the information available through the Human Rights Legal Support Centre if you aren’t granted your accommodation request. The HRLSC is a not-for-profit provincial agency that provides free legal assistance to individuals who feel they have experienced discrimination.

The HRLSC may assist you in working with your corporation to resolve your disagreement. They may also assist you in filing an application with the Human Rights Tribunal of Ontario if required. The HRTO is a Tribunal that resolves cases dealing with discrimination and harassment under the Code.

What if my corporation doesn’t respond?

File a complaint with the CMRAO


Follow up

Send a follow up letter if the other party does not respond to you after a reasonable amount of time passes after you send the first letter. Keep copies of any follow-up as well.

Use our sample meeting letter templates for owners

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Meetings

Step 4: Escalate the issue

Meetings is an issue you cannot take to the Condominium Authority Tribunal.

There are three ways that meetings issues are typically escalated: Mediation, arbitration, or through the Superior Court of Justice.


Mediation

Mediation is a process where a neutral facilitator tries to bring the parties to a mutually agreeable solution. Mediation is often less costly and it gives parties an opportunity to collaborate on finding a solution with which everyone is comfortable.

Arbitration

Arbitration is a process where a neutral arbitrator hears from both sides and makes a ruling on the issues. The parties involved in the dispute present evidence and the arbitrator makes a binding decision which can be appealed in some cases.

Seeking a compliance order from the Superior Court of Justice

Owners and condominium corporations can ask the court to make an order requiring compliance with any provision of the Act or the governing documents.

You may be required to go through mediation or arbitration before proceeding to the Superior Court of Justice, depending on the nature of your dispute.

What if my dispute relates to my condo's governing documents?

You must try to resolve your issue through mediation or arbitration first before seeking compliance from the SCJ. This differs from other case types, which you can take to the SCJ directly if you prefer.

Section 132 (4) of the Act deems all condo corporations to have a provision in their declaration requiring that disputes about the governing documents must proceed first to mediation then arbitration.

Check section 134 of the Condo Act for more information about compliance orders.


Seeking legal advice

Check out our legal resources page for more information on affordable legal advice, free legal information, and legal expense insurance.



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Meetings

Step 2: Legal Considerations

There are several different types of meetings under the Condo Act which differ in terms of who attends, what happens at each and what notice periods are required. These are:

Condo corporations’ governing documents also typically further outline:

  • What owners and directors can do at meetings
  • Who can attend owners’ and board meetings
  • How meetings can be conducted
  • How votes can be cast
  • Quorum standards

Quorum Standards

Read our owners’ meetings and board meeting’s pages for detailed information on notices, who can attend and more. Read our page on governing documents to understand what these are and how they affect condo living.

What does the Condo Act say?

Section 58 (1) of the Condo Act allows corporations to adopt by-laws to govern meetings.


Appointing Proxies

Owners can appoint anyone to attend a meeting on their behalf. This person is called a proxy. Proxies can participate and vote depending on the authority given to them by the owner who appointed them.


Electronic or Hybrid Meetings

Corporations can choose to hold electronic or hybrid meetings unless their governing documents do not allow for it. They must reasonably ensure everyone is able to participate and vote no matter the format of the meeting.

What does the Condo Act say?

Section 45 of the Condo Act covers meetings, including electronic meetings and notices, as well as the right to participate for owners.

Check out our Owners’ Meeting Guide for more information.


Accommodations under the Ontario Human Rights Code

The Ontario Human Rights Code prohibits discrimination based on a number of grounds, including disability. It also requires that condo corporations accommodate owners who have a disability to the point of undue hardship.

Corporations should be mindful of any potential barriers that owners may face in attending or participating in meetings. We encourage corporations to provide alternative methods of participation whenever possible.


Fire Safety

In-person meetings must be compliant with the Ontario Fire Code. The code ensures all occupied buildings in Ontario are properly maintained, have appropriate fire protection equipment and that fire emergency plans are kept up to date and routinely circulated to residents.

Boards also must ensure that the chosen meeting room has sufficient capacity and that it can be quickly evacuated in the event of a fire.

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How to Deal with Meetings Issues

Condominium corporations hold several types of meetings:

Owners’ meetings are an important opportunity for owners to learn about what is going on in the community and affect change. Common types of owners’ meetings include:

• Annual general meetings
• Owner requisitioned meetings
• Turn-over meetings

Board meetings are where the corporation’s board of directors make decisions and conduct any business of the corporation.

Step 1. Identify the issue

Issues related to meetings generally involve notices, decisions being made, and the way the meeting was held.

Here are some common examples:

The corporation doesn’t provide proper meeting notice or provides it late

Owners don’t feel they can participate, add items to the agenda, or vote

Issues with proxies and proxy forms

We encourage condo communities to work collaboratively to resolve meetings issues before they escalate. Continue to next step to find out more.


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Infestation

Step 3: Find solutions

Here’s what to do now that you’ve identified your issue and reviewed your legal obligations.

  • Describe your situation
  • We have received a letter from an owner about an infestation issue caused by another owner or occupant

Contact the owner who raised the issue

Contact the person who reported the infestation to clarify their concerns and to verify details like date and time, type of infestation and where they think it originated.

Speak directly with the owner or occupant who is allegedly causing the issue because they may not be aware that what they are doing is causing an infestation. Speaking to them may resolve this issue quickly.

You should also write a letter to the owner or occupant if they are contravening the infestation provisions in your condo corporation’s governing documents, identifying:

  • the infestation issue they have caused or may be contributing to
  • the specific provision(s) in the governing documents they have violated
  • how they can resolve the issue
  • the deadline as outlined in the governing documents
  • the condo corporation’s next steps if the issue continues.

It may take some time to resolve the issue so you should give them a reasonable amount of time and you should keep track of your interactions with the owner or occupant in as much detail as possible, noting dates and times.

Use the following templates for letters to your condo corporation when trying to resolve an issue. Make sure you keep a copy of your letter with the date and time you sent it.


Determine what to do next

Approach this situation like any other potential violation of the condo corporation’s governing documents.

Consider sending a letter prepared by your legal counsel if there is no response from the owner or occupant.

You may also wish to hold a meeting to discuss the matter with owners and others if the infestation is affecting multiple units.

Ensure that there are provisions about infestations in the condo corporation’s declaration or rules. For example, you could restrict where or how garbage is kept to avoid attracting rodents or animals.

Contact your municipality to learn about any infestation by-laws and ensure that the condo corporation and all owners comply with them. The condo corporation can model their rules on those of the municipality so it can enforce them without relying on municipal by-law enforcement.


What if these self-help tools don’t resolve the issue?

Further steps include mediation, arbitration or other legal action if you’ve tried the preceding steps and the issue still hasn’t been resolved.

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Infestation

Step 3: Find solutions

Here’s what to do now that you’ve identified your issue and reviewed your legal obligations.

Contact the owner or occupant

An owner or occupant may not be aware that they are causing an infestation or if the infestation has spread to other units. Speaking to them directly may resolve this issue quickly.

You may also wish to write a letter to the owner or occupant if they are not complying with the infestation provisions in your condo corporation’s governing documents, identifying:

  • the infestation issue they have caused or may be contributing to
  • the specific provision(s) in the governing documents they have violated
  • how they can resolve the issue
  • the deadline as outlined in the governing documents
  • the condo corporation’s next steps if the issue continues.

It may take some time to resolve the issue so you should give them a reasonable amount of time and you should keep track of your interactions with the owner or occupant in as much detail as possible, noting dates and times.

Use the following templates for letters when trying to resolve an issue. Make sure you keep a copy of your letter with the date and time you sent it.


Determine what to do next

Approach this situation like any other potential violation of the condo corporation’s governing documents.

Consider sending a letter prepared by your legal counsel if there is no response from the owner or occupant.

You may also wish to hold a meeting to discuss the matter with owners and others if the infestation is affecting multiple units.

Ensure that there are provisions about infestations in the condo corporation’s declaration or rules. For example, you could restrict where or how garbage is kept to avoid attracting rodents or animals.

Contact your municipality to learn about any infestation by-laws and ensure that the condo corporation and all owners comply with them. The condo corporation can model their rules on those of the municipality so it can enforce them without relying on municipal by-law enforcement.


What if these self-help tools don’t resolve the issue?

Further steps include mediation, arbitration or other legal action if you’ve tried the preceding steps and the issue still hasn’t been resolved.

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