Step 3: Solutions
Here’s what to do now that you’ve identified your issue and reviewed your legal obligations.
Identify the change
Find out what type of change the board of directors wants to make to the governing documents and to which document.
Learn about the procedural requirements
Specific procedures exist to amend governing documents because each one has a different purpose. Boards should determine which governing document will be amended when considering adding a new harassment provision. Provisions that restrict, prohibit or govern harassment will most likely fall under the condo corporation’s declaration or rules.
Begin the process to change the governing document
Follow the steps to change the appropriate governing document.
The board of directors may need to take additional steps to enforce the governing documents if the issue continues. This could include sending the unit owner or occupant causing the issue a letter from the condo corporation’s legal counsel.
Otherwise, condo corporations can resolve the issue in private mediation or arbitration in accordance with section 132(4) of the Condo Act or, in some cases, apply to the Superior Court of Justice for a compliance order in accordance with section 134 of the Condo Act.