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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.

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Harassment

Step 3: Solutions

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.

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Review the condo corporation’s governing documents

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.

Examples of harassment provisions:

Prohibit verbal or physical confrontation with other residents

Prohibit hurtful, aggressive or discriminatory language in common areas

Prohibit publicly posting or distributing hurtful, aggressive or discriminatory materials

Limit unsolicited emails, phone calls or visits to a resident’s unit

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:

  • causing a nuisance, annoyance or disruption
  • not complying with the condo corporation’s governing documents

The Tribunal can only deal with harassment issues if:

  • the condo corporation’s governing documents prohibit, restrict or address harassment
  • the harassment is causing a nuisance, annoyance or disruption involving noise, odour, light, vibration, smoke or vapour.

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.


Other legal considerations

A person can be charged with criminal harassment under section 264 of the Criminal Code of Canada if they:

  • repeatedly follow the other person from place to place
  • repeatedly communicate with the other person without receiving a response
  • watch the place of residence, work or business of the other person
  • threaten the other person or a member of their family.

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.

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Noise

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.

Keep track of the noise issue with as much detail as possible

The date and time when the noise issue occurs

The type of noise issue you are hearing

Where the noise is coming from

Any other important details


Contact your board

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.


Follow up

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.

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Noise

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.

Keep track of the noise issue with as much detail as possible

The date and time when the noise issue occurs

The type of noise issue you are hearing

Where the noise is coming from

Any other important details


Contact your board

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.


Follow up

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.

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Vibration

Step 3: Solutions

Here’s what to do once you’ve identified your issue and reviewed your legal obligations.

Learn about human rights accommodations under the Ontario Human Rights Code

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.


Respond to the request

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 are willing to grant the accommodation
  • You need more information about the accommodation
  • You want to discuss possible accommodations
  • You are refusing to grant the accommodation.

You may wish to seek legal advice if you are unsure of how to respond

Use our sample vibration issue letter templates for condo corporations

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Vibration

Step 3: Solutions

Here’s what to do once you’ve identified your issue and reviewed your legal obligations.

Learn about governing documents and make the change

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.

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Vibration

Step 3: Solutions

Here’s what to do now that you’ve identified your issue and reviewed your legal obligations.

Identify who is causing the issue

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.


Contact the individual causing the issue

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.

Here is where to direct the letters:

In this initial communication, you may want to identify:

What unreasonable vibration they are causing

The provisions they may have violated

How they can resolve the issue

The board’s next steps if the issue continues

That they can formally request accommodation, if applicable

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.


Follow up

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.


Determine what to do next

Depending on how the owner or occupant responds, you could:

  • Call a meeting to discuss how the issue could be resolved with the owners and anyone else affected
  • Learn more about how to handle a request for accommodation if a resident requests one.
  • File an application with the Tribunal

Use our sample vibration related letter templates for condo corporations

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Vibration

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.

Learn about human rights accommodations under the Ontario Human Rights Code

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.


Request an accommodation from your condominium corporation

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.


Contact the Human Rights Legal Support Centre

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.


Contact 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.


File an application with Condo Authority Tribunal

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:

  • The dispute does not relate to an unreasonable vibration or to provisions in your condo corporation’s governing documents dealing with vibrations
  • There is a decision or order from the HRTO that deals with the same issues.

The Supreme Court of Canada decided in Tranchemontagne v. Ontario (Director, Disability Support Program), [2006] 1 S.C.R. 513, 2006 SCC 14, that all tribunals are obligated to deal with Code-related issues but only if those issues are related to a dispute that otherwise falls within the CAT’s jurisdiction.


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Vibration

Step 3: Solutions

Here’s what to do once you’ve identified your issue and reviewed your legal obligations.

  • Describe your situation
  • I think my corporation’s governing documents are inconsistent, unreasonable or have been improperly implemented

What kind of issue do the documents have?

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:


Contact your condo board

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.


Follow Up

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