Short-Term Rentals
Step 3: Find solutions
Review the following scenarios for owners or condo corporations, depending on your situation, and try the recommended steps to resolve your issue collaboratively before taking any further action.
Review the following scenarios for owners or condo corporations, depending on your situation, and try the recommended steps to resolve your issue collaboratively before taking any further action.
Read the following scenarios for owners or condo corporations, depending on your situation, and try the recommended steps to resolve your issue collaboratively before taking any further action.
Review your condo corporation’s declaration, rules or by-laws to see if there are any harassment provisions or obligations.
You can request a copy from your condo corporation using the mandatory Request for Records form.
Every condo owner and occupant must comply with the Condominium Act and the condo corporation’s declaration, by-laws and rules.
You should notify your condo corporation immediately if you have any harassment issues so they can deal with them.
Condo corporations or owners can take legal action against other condo owners, occupants or the corporation by filing an application with the Condominium Authority Tribunal if they are:
The Tribunal can only deal with harassment issues if:
The Tribunal cannot deal with disputes that involve dangerous situations which have caused or are likely to cause injury, illness or damage to a condo unit or common element.
A person can be charged with criminal harassment under section 264 of the Criminal Code of Canada if they:
The Ontario Health and Safety Act ensures that all workers in condo corporations are protected from workplace health and safety hazards and that employers, including condo corporations, comply with the Act’s requirements and standards. Condo corporations might need to investigate reported harassment of staff, address any workplace harassment issues and develop anti-harassment policies.
The Ontario Human Rights Code gives everyone equal rights and opportunities without discrimination in specific social areas such as jobs, housing, services, facilities and contracts or agreements and defines harassment as “engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.” Read more about Code-protected grounds and social areas and Code-related issues in your condo community.
Here’s what to do now that you’ve identified your issue.
Is the noise caused by common elements, such as a noisy elevator? Make sure to speak to your condo board or manager about your concerns. Your condo board may not know about the issue, so speaking to them about it may prompt them to respond quickly.
You can also send a templated letter if you are uncomfortable speaking to them or if you have spoken to them and it has not worked. You will find templates at the bottom of this page. Make sure to keep copies of any letters you send them.
Send a follow up letter if the other party does not respond to you after a reasonable amount of time passes after you send the first letter. Keep copies of any follow-up as well.
Here’s what to do now that you’ve identified your issue.
Your condo board may not know about the issue, so speaking to them about it may prompt them to respond quickly. Your board must take reasonable steps to ensure that everyone complies with both the Condo Act and the condo’s governing documents.
You can also send a templated letter if you are uncomfortable speaking to them or if you have spoken to them and it has not worked. You will find templates at the bottom of this page. Make sure to keep copies of any letters you send them.
Send a follow up letter if the other party does not respond to you after a reasonable amount of time passes after you send the first letter. Keep copies of any follow-up as well.
Here’s what to do once you’ve identified your issue and reviewed your legal obligations.
Take a moment to review the information available on the Ontario Human Rights Commission’s website so you can understand if you need accommodation under the Human Rights Code.
It is helpful to discuss the accommodation with the requestor before making a final decision. You may be able to work with the requestor to identify an accommodation that works for everyone.
Make sure to respond in writing and outline if:
You may wish to seek legal advice if you are unsure of how to respond
Here’s what to do once you’ve identified your issue and reviewed your legal obligations.
You can modify the governing documents by adding, removing or changing provisions but you first need to identify which governing document you need to change. Provisions related to vibrations will most likely be included under the declaration or rules.
Learn more about governing documents to understand what aspect of condo life is governed by each and how changes can be made. Each document will have different requirements for meetings, quorum and voting.
Here’s what to do now that you’ve identified your issue and reviewed your legal obligations.
Investigate the source of the vibration, including speaking to those who reported it. Check the record of owners and mortgagees or the condo corporation’s record of leased units if the source is a condo unit to determine if that unit is owned or leased.
Speak to whomever is causing the issue. They may not be aware, so speaking to them about it may resolve the issue quickly.
You can also send a templated letter if you are uncomfortable speaking to them or if you have spoken to them and it has not worked. You will find templates at the bottom of this page. Make sure to keep copies of any letters you send them.
Send a letter to the owner and the condo corporation
Send a letter to the owner, the occupant and the condo corporation
Send the letter to the unit owner.
Your condo corporation’s governing documents may set out a specific timeframe for resolving the issue. You should give the owner or occupant a reasonable amount of time to resolve the issue if they don’t.
Send a follow up letter if the other party does not respond to you after a reasonable amount of time passes after you send the first letter. Keep copies of any follow-up as well.
Depending on how the owner or occupant responds, you could:
Here’s what to do now that you’ve identified your issue.
Take a moment to review the information available on the Ontario Human Rights Commission’s website so you can understand if you need accommodation under the Human Rights Code.
You may also want to review information your condo corporation’s governing documents.
Your next step is to write to your condo board or manager to request an accommodation. Typically, your condo board or manager will reach out to you to discuss your request after they have received it.
It is important for you and your board to work collaboratively to come up with an accommodation that will meet everyone’s needs. You should participate in discussions about potential solutions with your corporation.
You may want to consult the information available through the Human Rights Legal Support Centre if your condo does not grant your accommodation request.
The HRLSC is a not-for-profit provincial agency that provides free legal assistance to individuals who feel they have experienced discrimination under the Human Rights Code. The HRLSC may assist you in working with your condominium corporation to resolve your disagreement with your condo. If needed, they might assist you in filing an application with the Human Rights Tribunal of Ontario.
The Human Rights Tribunal of Ontario resolves cases dealing with discrimination and harassment under the Ontario Human Rights Code. Consider filing an application with the HRTO if you have followed the steps above and your condo corporation still refuses to provide you with accommodation. You may wish to seek legal advice if you need assistance filing an application with the HRTO.
You may be able to file an application with the Condominium Authority Tribunal depending on the type of issue you are experiencing. The Tribunal can only hear Human Rights Code-related issues if those issues are related to a dispute that falls within its regular jurisdiction.
You may not be able to file an application with the Tribunal if:
Here’s what to do once you’ve identified your issue and reviewed your legal obligations.
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:
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 Act.
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 Act.
There are certain steps under the Condo Act that must be followed to change a condo’s declaration, by-laws or rules. Changes to the governing documents may not be valid or enforceable if these steps are not followed.
Start by contacting your condo board and management. They may agree with you about changing the governing documents but if not, you may also wish to seek legal advice from a paralegal or lawyer licensed by the Law Society of Ontario.
You may be interested in the Law Society Referral Service, which is an online service that connects people in need with licensed lawyers and paralegals. The service is free and you may receive up to a half-hour free consultation.
The Condominium Authority of Ontario cannot provide legal advice.
You can also send a templated letter if you are uncomfortable speaking to your board or if you have spoken to them and it has not worked. You will find templates at the bottom of this page. Make sure to keep copies of any letters you send them.
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