Solutions for Condominium Boards & Managers
1. Understanding your rights and obligations
You can learn more about what the Condo Act says and the role 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
You may wish to speak directly with the owner as it is possible, they may not be aware that their occupant is not complying with the condo corporation’s governing documents, so speaking to them may resolve this issue quickly.
You may also, as a first step, contact in writing the owner to advise them that their occupant has not complied with the condo’s corporation’s governing documents. In this initial communication, you may want to:
- Identify the issue(s) they have caused or may be contributing to, and the specific provision(s) in the governing document that they have contravened;
- Identify how the owner can resolve the issue(s); and
- Identify the condo’s next steps should this issue(s) continue.
You should also keep a copy of the communication that you send with the date and time that it was sent.
The CAO has prepared helpful letter template which you can find under Helpful Resources.
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 keep a copy of your communication with the date and time that you sent it.
Note: you may wish to first speak or contact the occupant (particularly if the issue is one that must be taken care of immediately such as a noise issue). If you do so, be sure to also contact the owner.
If your issue isn’t resolved after contacting the owner, proceed to #3 below.
3. Determine what to do next
Depending on the response that you receive from the owner, 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 a short-term rental issue that is affecting multiple units, the corporation may wish to call and hold a meeting to discuss the matter with the owners and the appropriate parties.
- Include provisions about short-term rentals in the condo declaration or in the rules.
- Contact your municipality to learn about any existing short-term rental by-laws and ensure that the corporation and all owners comply with them. The condo 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 my issue?
If you’ve tried the steps above and your 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.
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