If you have any questions about any of the information on the CAO’s guided steps to common issues, please contact us directly.
The different types of infestations include:
- Animals, such as mice, rats, or birds;
- Invertebrates, such as ants, bedbugs, termites, or cockroaches;
- Fungus/mould; and
- Bacteria, viruses, or any other organisms that can contaminate a home.
Examples of common infestation issues include:
- Rats or mice infesting the condo’s parking garage, garbage disposal areas or individual units.
- Bedbugs and other insects infesting the condo’s common elements, causing damage to the property.
- Mould growing behind the walls of several units, causing illnesses and other health problems for owners/ occupants.
If you think that your infestation issue may be caused by another owner’s/ occupant’s pet, you may be dealing with a Pets and Animals issue.
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Under section 58 of the Condominium Act, 1998 (the Condo Act), condo corporations can adopt rules to:
- Promote the safety, security, or welfare of the owners and of the property;
- Prevent unreasonable interference with the use and enjoyment of the units or common elements of the corporation.
Accordingly, condo corporations will often have rules that:
- Require owners or occupants to take reasonable steps to prevent infestations in their unit and the common elements (e.g. garbage bins must be secured and locked after use).
- Require owners or occupants to take immediate action to address an infestation (e.g. unit owners must immediately contact the condo corporation upon discovery of black mould in a unit).
- Prohibit certain activities that are likely to cause infestations (e.g. restrictions on keeping insects in the condo).
If you are experiencing an infestation issue, you may want to review your condo’s governing documents to understand if your condo has any infestation related provisions or obligations.
A condo corporation’s governing documents are required to be consistent with the Condo Act. In addition, a condo corporation’s by-laws and rules must be consistent with the declaration and must be reasonable.
For an overview of declarations, by-laws and rules, visit our website.
Don’t have a copy of your condo corporation’s declaration, by-laws or rules?
How does the Condo Act apply?
Under subsection 119 (1) of the Condo Act, if your condo corporation’s governing documents deal with infestation, everyone is required to follow them.
Under the Condo Act, owners and condo corporations are also required to maintain and repair their respective portions of the condo. Most commonly, condo corporations are responsible for the common elements of the condo, while owners are responsible for their units and the common elements that they have exclusive use over.
If you have the obligation to maintain or repair an area of a condo, you may be responsible for:
- Preventing the start or growth of any infestation;
- Containing and removing an infestation from an infested area; and
- Repairing any damage that an infestation has caused.
If an infestation issue does occur, it may need to be addressed immediately. Section 117 of the Condo Act prohibits anyone from allowing or causing any condition to exist, or carry on with any activity in a unit or in the common elements, that are likely to damage the property, or to injure someone.
As some types of infestations are known to cause property damage or illnesses, these infestations will need to be contained and removed quickly. Therefore, it is important for you to notify your condo corporation if you notice an infestation in the unit or the common elements.
Furthermore, under section 17 (3) of the Condo Act, condo corporations are required to take all reasonable steps to ensure that everyone complies with the Condo Act and the condo corporation’s governing documents.
Therefore, if your condo corporation is aware of an infestation issue that violates the corporation’s governing documents, they are legally required to take action to address it. For this reason, it is important for you to notify your condo corporation if you have an infestation issue.
Other Legal Considerations
As uncontained infestations can spread and cause injury or illness to other people in the condo, a condo corporation may need to enter, repair or maintain a unit to contain the issue. Section 92 of the Condo Act allows a condo corporation to:
- Repair a unit if the owner does not do so within a reasonable time;
- Maintain a unit if the owner does not do so within a reasonable time, or if the lack of maintenance threatens to:
- Damage the common elements; or
- Injure others in the condo.
Subsection 92 (4) of the Condo Act specifies that the cost of the work done by the condo corporation on behalf of an owner will be added to the unit owner’s common expenses. Because of these costs, it is important for condo corporations to contact a unit owner about:
- an alleged infestation;
- the condo’s intention to enter the unit to inspect or address the infestation; and
- the costs of addressing an infestation on the owner’s behalf.
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Need more help?
Mediation and arbitration are effective ways to resolve disputes where the parties are unable to reach a resolution themselves. Mediation and arbitration are commonly used to help resolve difficult condo disputes and are sometimes called alternative dispute resolution (ADR).
Under section 132 (4) of the Condominium Act, 1998, all condo corporations in the province are deemed to have a provision in their declaration stating that disputes regarding the declaration, by-laws or rules must be filed for mediation or arbitration. Your condo corporation may also have a by-law establishing the procedure that must be followed in the event of a dispute.
If you have been asked to participate in a mediation or arbitration, you are likely legally required to participate.
If you want to try mediation or arbitration for an unresolved issue, you will need to find a mediator or arbitrator who can assist you. You can search for a mediator or arbitrator online and through organizations that provide ADR services, such as the ADR Institute of Ontario.
Mediation is a process where a neutral facilitator tries to bring the parties to a mutually agreeable solution. Mediation is the preferred approach because it’s often less costly and it gives the parties an opportunity to collaborate on finding a solution that everyone is comfortable with.
If mediation fails, binding arbitration is the next step. Arbitration is a process where an arbitrator (or panel of arbitrators) conducts a hearing and makes a ruling on the issues in the dispute. The parties involved in the dispute bring evidence to this hearing and then the arbitrator makes a binding decision. There are some cases where an arbitration decision can successfully be appealed to court.
Further legal action
If you are considering legal action against a neighbour or your condo corporation, you may wish to talk to a lawyer or paralegal. It is recommended that you try mediation and/or arbitration before taking a dispute to court.