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Solutions for Condominium Boards & Managers

Harassment

1. Identify the Issue

Your first step is to learn more about what is and is not allowed in your condominium corporation. You can start by:

  • Reviewing the information available in Step #2 – Legal Considerations above;
  • Reviewing your condominium corporation’s governing documents; and
  • Determining if there have been any other legal issues associated with the harassment.

2. Gather information from the owner or occupant who raised the issue

You may wish to reach out to the owner or occupant who raised the issue to gather all the information you can about the issue, including:

  • The date and time when the issue occurs;
  • The type of harassment issue they are experiencing;
  • Who they believe to be causing the harassment issue; and
  • Any other details that might be relevant.

After you’ve gathered all the information you can, you should proceed to #3 below.

3. Determine who is causing the issue

Your next step is to determine who is causing the issue.

If you know the unit number of the person causing the issue, you should next determine whether the person is the unit owner or an occupant (e.g., a tenant or a guest).

  • You can determine who owns a unit by checking the corporation’s record of owners and mortgagees. Under section 46.1 of the Condo Act, all condominium corporations are required to maintain a record of the names (and addresses) of all condominium unit owners.
  • Owners are required to notify their condominium corporation if they lease their units. Condominium corporations are required to maintain a record of which units are leased under section 83 (3) of the Condo Act.

By looking at the record of owners and mortgagees and the record of leased units, you can determine whether the person is an owner or an occupant.

4. Contact the owner and/or occupant causing the issue

If a unit owner or occupant is causing the issue, you may wish to speak with them directly. They may not know that they are causing an issue, so speaking to them about the issue may resolve your issue quickly.

We have letter and email templates you can use located in the Helpful Resources section at the bottom of this page.

  • If the person causing the issue is a unit owner, then you should send your letter to the owner.
  • If the person causing the issue is a non-owner occupant, then you should send your letter to the owner and the occupant.
  • If you don’t know who is causing the issue, then you should send your letter to the unit owner.

In this initial communication, you may want to identify:

  • The harassment-related issues they have caused and / or the specific provision(s) in the governing document(s) they have violated (if any);
  • How they can resolve the issue; and
  • The condominium corporation’s next steps if the issue continues.

Depending on the nature of the issue, it may take some time to resolve. Your condominium corporation’s governing documents may set out a specific timeframe for resolving such an issue. If the governing documents don’t specify a timeframe, you should give the owner or occupant a reasonable amount of time to resolve the issue.

You should keep a record of your interactions with the owner and/or occupant with as much detail as possible and note the date and time that you sent them.

If the issue isn’t resolved after contacting the owner and/or occupant, proceed to #4 below.

5. Follow up

After you’ve contacted the responsible unit owner or occupant, they should take steps to resolve the issue.

If you’ve given them a reasonable opportunity but the issue has not been resolved, you can send a follow-up letter or email. You can use our Second Letter template, which you can find under the Helpful Resources section at the bottom of this page.

You should keep a copy of your letter/email and note the date and time that you sent it.

What if these steps don’t resolve my issue?

If you’ve tried the steps above and the harassment issue has continued, there are additional steps you can take. Depending on what your condominium corporation’s governing documents say, you may be able to file an application with the Condominium Authority Tribunal (CAT).

Visit Step #4 – Additional Help for more information.

Have a Question?

Shape Description automatically generated with medium confidenceIf you have a question about any of the information you’ve read, please contact us. We have a team available to answer any questions you may have.

1. Identify the Change

Your first step is to identify what type of change that the board of directors wants to make to the governing documents (e.g., adding, modifying or removing a provision) and which governing document is going to be changed.

You can do this by reviewing your governing documents and determining what kind of change the board wants to make.

2. Learn about the Procedural Requirements

Once you have identified where the provision is or should be located, you can learn more about the procedural requirements you will need to follow when amending that governing document. You can learn more about the procedural requirements to change your condominium corporation’s governing documents on our website here.

Each governing document has a different purpose and the requirements to amend each document are different – for example, the process of changing the rules is very different from the process of amending the declaration.

If the board is considering adding a new provision to the governing documents (e.g., harassment-related restrictions), the board should determine which governing document will be amended to include the new provision. Provisions that restrict, prohibit or govern harassment will most likely fall under the condominium corporation’s declaration or rules.

3. Begin the Process to Change the Governing Document

Once you have determined what change you want to make, you can follow the steps to change the appropriate governing document set out on our website here.

Have a Question?

Shape Description automatically generated with medium confidenceIf you have a question about any of the information you’ve read, please contact us. We have a team available to answer any questions you may have.

Solutions for Condominium Boards & Managers

Helpful Resources

Owner to other Owners or Occupant Templates

First Letter to Owner
Second Letter to Owner
Third Letter to Owner

Owner to the Board of Directors Templates

First Letter to Condo Corp
Second Letter to Condo Corp

Board Directors to Owners Templates

First Letter to Owner

Solutions for Condominium Boards & Managers

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