Parking and storage
Step 3: Solutions
Here’s what to do now that you’ve identified your issue.
Confirm the type of issue
The declaration, by-laws and rules taken together make up your corporation’s governing documents. There are three main types of issues that these documents could have:
- Consistency issues
- Reasonableness issues
- Procedural requirements issues
These documents form a hierarchy and must all be consistent with each other as well as the Condo Act. Some have standards of reasonableness that are defined in the Condo Act.
- A condo’s declaration must be consistent with the Condo Act.
- A condo’s by-laws must be reasonable and consistent with the declaration and the Condo Act.
- A condo’s rules must also be reasonable and consistent with both the declaration and by-laws and the Condo Act.
There are certain steps under the Condo Act that must be followed to change a condo’s declaration, by-laws or rules. If these steps are not followed, then the changes to the governing documents may not be valid or enforceable.
Consider an informal inquiry or conversation as discussed in Step 2: Plan your approach
Taking the time to connect informally with your condo representative, following the communication tips in Step 2, can often lead to a quicker and more cooperative resolution while maintaining a positive condo environment. Even if the approach may not have resulted in a change in the issue or your perspective, or you were unable to make contact, it is important that you made a genuine attempt. It Is not uncommon to make more than one attempt and engage in more than one informal conversation.
Formally contact your board
Your condo corporation may not have understood your informal inquiry or conversation or may not know about the issue. They may agree with you about changing the governing documents. While the first step should always be to speak to them and see if you can quickly resolve the issue without needing to further escalate it, a letter may be clearer and assist with documentation purposes.
You can use our letters templates below and adapt them as needed. Make sure you also keep a copy of the letter or email for yourself and note the date and time you sent it.
Consider using the Documentation Template to stay organized.
Determine your next step if your condo corporation has not responded
If you have given the condo reasonable opportunity to respond and they have not done so, you can send a follow-up letter or email about this issue. Keep a copy of your communication and note the date and time that you sent it.
You can consider filing an application with the Condominium Authority Tribunal if your corporation does not respond.
You may not be able to file an application with the Tribunal if the dispute does not relate to provisions in your condo corporation’s governing documents dealing with parking or storage.
Visit Step 4: The Condo Authority Tribunal for more information.