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Solutions for Condominium Boards & Managers

Infestation

1. Understand your rights and obligations

You can learn more about what the Condo Act says and the role of your condo corporation’s governing documents by visiting Step #2 – Legal Considerations. Once you have reviewed this information, proceed to #2 below.

2. Contact the owner or occupant

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

You may also contact in writing the owner or occupant who is causing an infestation issue that is contrary to the condo corporation’s governing documents. In this initial communication, you may want to identify:

  • The infestation issue they have caused or may be contributing to, and the specific provision(s) in the governing document that they have violated;
  • How they can resolve the issue; and
  • The condo corporation’s next steps if the issue continues.

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

Depending on the nature of the issue, it may take some time to resolve. If your condo corporation’s governing documents outline a specific timeframe for resolving such an issue, this should be the amount of time you give them. 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 track of your interactions with the owner or occupant with as much detail as possible, and note the date and time that you sent them.

If your issue isn’t resolved after contacting the owner or occupant, proceed to #3 below.

3. Determine what to do next

Depending on the response that you receive from the owner or occupant, you need to decide what steps to take next. You could:

  • Approach this situation the same way you would approach other potential violations of the declaration, by-laws, or rules. At this stage, many condo corporations send the owner or occupant a letter prepared by their legal counsel.
  • If the condo corporation is dealing with an infestation issue that is affecting multiple units, they may wish to call and hold a meeting to discuss the matter with the owners and appropriate parties.
  • Include provisions about infestations in the condo’s declaration or rules. For example, condo corporations could restrict where or how garbage is kept (e.g. in a locked or secured container) to prevent attracting rodents or animals.
  • Contact your municipality to learn about any existing infestation-related by-laws and ensure that the corporation and all owners comply with them. The condo can model their rules on those of the municipality to be able to enforce them, without relying on municipal by-law enforcement in all cases.

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

If you’ve tried the steps above and the issue still hasn’t been resolved, there are further steps you can take, including private mediation, arbitration, or other legal actions.

Visit Step #4 – Additional Help for more information.

Have a Question?

If 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. Understand your rights and obligations

You can learn more about what the Condo Act says and the role of your condo corporation’s governing documents by visiting Step #2 – Legal Considerations. Once you have reviewed this information, proceed to #2 below.

 2. Contact the party who raised the issue

If you receive a letter from an owner about an infestation issue caused by another owner/ occupant, you can consider taking various steps in resolving the issue.

If the letter you receive from the owner reporting the infestation issue is unclear, you may wish to have that person clarify their concerns. It may be helpful for them to note:

  • The date(s) and time(s) that the issue occurred;
  • The type of infestation they are experiencing; and
  • Where they think the infestation started or is coming from.

You then may wish to speak directly with the owner/ occupant who you have been informed is causing the issue. It is possible they may not be aware that what they are doing is causing an infestation issue, so speaking to them may resolve this issue quickly.

You may also wish to, as a first step, contact in writing the owner/ occupant who has caused or is contributing to an infestation issue contrary to the condo corporation’s governing documents. In this initial communication, you may wish to:

  • Identify the infestation issue they have caused or may be contributing to, and the specific provision(s) in the governing document(s) they have contravened;
  • Identify how the owner/ occupant can resolve the issue; and
  • Identify the condo corporation’s next steps should this issue continue.

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

You should give the owner/ occupant a reasonable amount of time to resolve the issue. Depending on what the extent of the issue, the time allowed to comply may vary. If your condo corporation’s governing documents outline a specific timeframe for resolving such an issue, this should be the amount of time you give the owner/ occupant.

You should try to keep track of your interactions with the owner/ occupant in as much detail as possible. You should also keep a copy of the communication that you send with the date and time that it was sent.

If the issue isn’t resolved after contacting the owner/ occupant, proceed to #3 below.

3. Determine what to do next

Depending on the response that you receive from the owner/ occupant, you need to decide what steps to take next. You could:

  • Approach this situation the same way you would approach other allegations of contraventions of the declaration, by-laws, and/or rules. One approach that many condo corporations take in these instances is to send the owner/ occupant a letter prepared by the condo corporation’s legal counsel.
  • If the corporation is dealing with an infestation issue that is affecting multiple units, the corporation may wish to call and hold a meeting to discuss the matter with owners and the appropriate parties.
  • Include provisions preventing infestations in the condo corporation’s declaration or in the rules. For example, condo corporations could restrict where/how garbage is kept (e.g. in a locked or secured container) to prevent attracting rodents or animals.
  • Contact your municipality to learn about any existing infestation-related by-laws and ensure that the corporation and all owners comply with them. The condo corporation can model its rules on those of the municipality to be able to enforce them itself, without relying on municipal by-law enforcement in all cases.

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

If you’ve tried the steps above and the issue still hasn’t been resolved, there are further steps you can take, including private mediation, arbitration, and/or other legal actions.

Visit Step #4 – Additional Help for more information.

Have a Question?

If 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