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

Another owner or occupant or the condo corporation may contact you if they believe that your unit is infested or is contributing to an infestation in the building. They may request that you take immediate steps to remove the infestation from your unit. They may also contact you regarding the costs they incurred due to an infestation that spread from your unit.

Your condo corporation can take steps to enforce compliance if it has a provision in its governing documents about infestations that you have not followed. This may include a letter from their legal counsel.

You may wish to ask your condo manager or board if you do not know why you’ve been contacted. You should also check your condo corporation’s governing documents to see if they contain any provisions dealing with infestations.

You must comply with the Condo Act and your condo corporation’s governing documents and any provisions regarding infestations. You should take steps to contain any infestation in your condo unit and prevent it from spreading.

You could also try to have the infestation provisions in your condo corporation’s governing documents amended but you must still comply with them in the meantime.

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

You should keep track of the issues you’ve been experiencing with as much detail as possible. This will help those you contact understand the issues and what’s causing the problem.

Notify your condo manager or board of directors immediately of any infestation issue so they can investigate the problem and contain or remove the infestation.

Use our First Letter to Condo Corporation template if you don’t feel comfortable speaking to your condo manager or board in person.

Retain a copy of your letter or email, noting the date and time that you sent it. Keep in mind it may take a few days to resolve your issue particularly if it requires repair or maintenance.

Your condo corporation should take steps to resolve the issue within a reasonable amount of time after you’ve contacted them. You can use our second letter template to send a follow-up letter or email if the issue hasn’t been resolved.

Use the following templates for letters to your condo corporation when trying to resolve an issue. Make sure you keep a copy of your letter with the date and time you sent it.

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

You should keep track of the issues you’ve been experiencing with as much detail as possible. This will help those you contact understand the issues and what’s causing the problem.

Contact the owner or occupant of the condo unit if you think the infestation may be coming from their unit. You may wish to speak to them directly if you know them. They may already know that they are causing an infestation or that it has spread to other units so this may resolve the issue quickly.

You may want to send a letter if you don’t know them or don’t feel comfortable speaking to them directly or if you’ve spoken to them already and the issue has not been resolved. Identify the following:

• the infestation issue they may have caused or may be contributing to
• how they can resolve the issue.

You can use our first letter template. Make sure you keep a copy, noting the time and date you sent it.

You may also want to send a copy to your condo corporation to ensure they are aware of the issue and send a copy to the owner if you are dealing with a tenant or guest. You can request their address from your condo corporation.

The other owner or occupant should take steps to resolve the issue within a reasonable amount of time after you’ve contacted them. You can use our second letter template to send a follow-up letter or email if the issue hasn’t been resolved.

Use the following templates for letters to your condo corporation when trying to resolve an issue. Make sure you keep a copy of your letter with the date and time you sent it.

Infestation is an issue you cannot take to the Condominium Authority Tribunal.

There are three ways that infestation issues are typically escalated: Mediation, arbitration, or through the Superior Court of Justice.

You must try to resolve your issue through mediation or arbitration first before seeking compliance from the SCJ. This differs from other case types, which you can take to the SCJ directly if you prefer.

Check out our legal resources page for more information on affordable legal advice, free legal information, and legal expense insurance.

You may need to hire a lawyer experienced in condo law and file a lawsuit.

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

Keep a record of what you’ve been experiencing with as much detail as possible.

Notify your condo manager or board of directors immediately of any infestation issue so they can monitor and investigate the problem and take appropriate action to contain or remove the infestation in the common elements, in another unit and potentially in your condo unit on your behalf.

Use our First Letter to Condo Corporation template if you don’t feel comfortable speaking to them in person.

Retain a copy of your letter or email, noting the date and time that you sent it. Keep in mind that it may take a few days to resolve your issue particularly if it requires a repair or maintenance.

Owners and condo corporations are required to maintain and repair their respective areas of the condo building. Condo corporations are generally responsible for the building’s common elements while owners are responsible for their units and common elements where they have exclusive use.

Owners may be responsible for:

• Preventing the start or growth of any infestation
• Containing and removing an infestation from an infested area
• Repairing any damage that an infestation has caused.

Condo corporations may need to enter, repair or maintain a condo unit to contain or remove an infestation quickly because it can cause property damage, injury or illness.

Under the Condo Act, the condo corporation must address any infestation that violates its governing documents and should always contact a condo unit owner about an alleged infestation, its intent to enter the unit to address the issue and the cost of dealing with it on the owner’s behalf.

Follow up with your condo manager or board with another letter if the issue has still not been resolved by:

• Explaining the steps you’ve taken
• Requesting that the board take action
• Noting that you are considering further action if the board doesn’t address the issue.

You can file an application with the Tribunal if you tried the previous steps and it did not work. The Tribunal provides an online dispute resolution system that helps condo communities resolve condo disputes conveniently, quickly and affordably.

Cases about compliance with settlement agreements go straight to Stage 3 – Tribunal Decision. The Tribunal will hold an online hearing to determine if a party has failed to comply, and, if so, what order is appropriate to remedy the failure.

These cases can be filed by anyone who is a party to a settlement agreement reached in a previous CAT case.

You can read all the CAT’s previous orders and decisions to learn more about the types of compliance with settlement agreements disputes seen at the tribunal, and how they were resolved.

Access the CAT’s previous decisions about compliance with settlement agreements on our website.

Check out our legal resources page for more information on affordable legal advice, free legal information, and legal expense insurance.

Try the steps below before deciding if you need to file a CAT case

You should review the settlement agreement and identify:

• Who you think has failed to comply with it
• Which parts of the settlement agreement you think they failed to comply with.

Find out why the other party has failed to comply with the settlement agreement. The other party may not be aware that are not complying with the settlement agreement.

The first step should always be to speak to the other party and see if you can quickly resolve the issue without needing to file an application with the Tribunal.

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 can find templates at the bottom of this page. Keep copies of any letters you send.

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

Parties must comply with settlement agreements. A party can file a case with the Tribunal if they believe that another party has failed to comply with a settlement agreement.

A party who believes that another party has failed to comply with a settlement agreement can file a new CAT case to ask the Tribunal to order the other party to comply.

Parties should file a case within six months of the other party’s failure to comply. The CAT may not be able to accept a case filed more than six months after the other party failed to comply.

These types of cases go straight to Stage 3 – Tribunal Decision and the CAT will hold an online hearing.

In these cases, the CAT will have to decide two questions:

1. Did a party fail to comply with the settlement agreement?
2. If so, what order is appropriate in the circumstances?

The CAT can order a party who has not complied with a settlement agreement to comply with it, or to do something else that would remedy the failure to comply. This can include an order to pay money, to do something, or to stop doing something.

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

Find out what type of change the board of directors wants to make to the governing documents and to which governing document.

Specific procedures exist to amend governing documents because each one has a different purpose. Boards should determine which governing document will be amended when considering adding a new short-term rental provision. Provisions that restrict, prohibit or govern short-term rentals will most likely fall under the condo corporation’s declaration or rules.

Follow the steps to change the appropriate governing document.

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

Determine if the person is an owner or occupant and their condo unit number by checking the condo corporation’s record of owners and mortgagees.

Owners are required to notify their condo corporation if they lease their units.

An owner or occupant may not be aware that they are causing a short-term rental issue. Speaking to them directly may resolve this issue quickly.

Reach out to them to collect all the information including:

• the date and time when the issue occurred
• the type of short-term rental issue they are experiencing
• who they think is causing the issue
• any other relevant details.

You may also wish to write a letter to the owner or occupant if they are not complying with the short-term provisions in your condo corporation’s governing documents, identifying:

• the short-term rental issue they have caused or may be contributing to
• the specific provision(s) in the governing documents they have violated
• how they can resolve the issue
• the condo corporation’s next steps if the issue continues.

Keep track of your interactions with the owner or occupant with as much detail as possible, noting dates and times.

Use the following templates for letters when trying to resolve an issue. Make sure you keep a copy of your letter with the date and time you sent it.

Send a follow-up letter or email, using one of our letter templates if you’ve given them a reasonable opportunity to respond but the issue has not been resolved. Keep a copy of your letter, noting the date and time that you sent it.