Solutions for Condominium Boards & Managers
1. Identify the Issue
Your first step is to learn more about what is and is not allowed in your condo corporation. You can start by:
- Reviewing your condo corporation’s governing documents
- Determining if there are any relevant municipal by-laws
Depending on how you became aware of the issue, you should also gather as much information as you can. If another owner or occupant told you about the issue, you may want to get in touch with them to see if they can give you any more details. You should also keep track of the issues with as much detail as possible, including:
- The date and time when the issue occurs
- What you think the cause of the issue is
- Any other details that might be relevant
2. Determine who is causing the issue
Your next step is to determine who is causing the issue.
Depending on the issue, it may be obvious (e.g., you’ve seen someone regularly idling their vehicle on the condo corporation’s property). Sometimes, though, it may be hard to tell (e.g., you can see that someone has been driving a car on the condo corporation’s grass, but you don’t know who).
If you know the unit number of the person causing the issue
If you know the unit number of the person causing the issue, you should next determine whether the person is the unit owner or an occupant (e.g., a tenant or a guest).
- You can determine who owns a unit by checking the corporation’s record of owners and mortgagees. All condo corporations are required to maintain a record of the names (and addresses) of all condo unit owners under section 46.1 of the Condo Act.
- Owners are required to notify their condo corporation if they lease their units. Condo corporations are required to maintain a record of which units are leased under section 83 (3) of the Condo Act.
By looking at the record of owners and mortgagees and the record of leased units, you can determine whether the person is an owner or an occupant.
3. Contact those responsible
If an owner or occupant is causing the issue, you may wish to speak with them directly. They may not know that they are causing an issue, so speaking to them about the issue may resolve the issue quickly.
If you’ve spoken to them already and the issue has not been resolved, you may want to send them a letter. The CAO has helpful letter and email templates you can use, located in the Helpful Resources section at the bottom of this page.
As noted in Step 2, if your condo corporation’s governing documents deal with vehicles, your condo corporation has a legal obligation to ensure that everyone complies with them.
Similarly, owners are responsible for ensuring that occupants of their units comply with the Act and the corporation’s governing documents under section 119 of the Condo Act. By notifying the owner of the unit, you can ensure that they are aware of the issue as well.
- If the person causing the issue is a unit owner
- Then you should send your letter to the owner.
- If the person causing the issue is a non-owner occupant
- Then you should send your letter to the owner and the occupant.
You should keep a copy of your letter / email and note of the date and time that you sent it.
After you’ve contacted the other owner / occupant and your condo corporation, they should take steps to resolve the issue. Depending on the nature of the issue, though, it may take some time.
After you contact the owner / occupant, they should take steps to resolve the issue.
Sometimes, the corporation’s governing documents will set out the timeframe for issues to be resolved. If you have given the owner / occupant a reasonable opportunity but the issue has not been resolved, you can send a follow-up letter or email. You can use the CAO’s Second Letter template, which you can find under the Helpful Resources section at the bottom of this page.
You should keep a copy of your letter or email and note the date and time that you sent it.
What if These Steps Don’t Resolve My Issue?
If you’ve tried the steps above and your issue still hasn’t been resolved, then you may be able to file an application with the Condominium Authority Tribunal (CAT).
Visit Step #4 – Condominium Authority Tribunal for more information.
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