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Infestation

Step 3: Find 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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Short-Term Rentals

Step 3: Solutions

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

  • Describe your situation
  • I think my condo corporation’s governing documents are inconsistent, unreasonable and improperly implemented

Clarify the issue

Ensure that you can clearly identify and describe the problem if you think there is an issue with your corporation’s governing documents.

All three of a condo corporation’s governing documents must be consistent with the Condo Act. In addition its by-laws must be reasonable and consistent with the corporation’s declaration and its rules must also be reasonable and consistent with both the corporation’s declaration and by-laws.

There are certain processes that must be followed to amend a condo corporation’s declaration or to make, amend or repeal the corporation’s by-laws and rules under the Condo Act. Those governing documents may not be enforceable if these processes are not followed.

Review information about governing documents.


Contact your condo corporation

Contact your condo manager or the condo corporation’s board of directors if:

  • you think a provision in your condo corporation’s governing documents is unreasonable or inconsistent with another governing document or the Condo Act. They may initiate a process to change the corporation’s governing documents if they agree.
  • you think your condo corporation didn’t follow the right process to change its governing documents.

Use the following templates for letters to owners, occupants or 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.


What if these steps don’t resolve my issue?

  • You may wish to seek legal advice from a paralegal or lawyer licensed by the Law Society of Ontario or the Law Society Referral Service.
  • You may be able to file an application with the Condominium Authority Tribunal if you’ve tried all the steps above and the short-term rental related issue has continued and if your condo corporation’s governing documents have provisions about short-term rentals.
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Infestation

Step 2: Legal Considerations

The Condo Act allows condo corporations to adopt rules to:

  • promote the safety, security and welfare of condo owners and the property
  • prevent interference with an owner’s right to use and enjoy their condo unit or common elements.

Review the condo corporation’s governing documents

Condo corporations often have provisions to prevent infestations because the risk of them spreading between condo units is high when you live so close to your neighbours. These provisions are often in the corporation’s declaration, rules or by-laws.

Review your condo corporation’s governing documents to see if there are any infestation-related provisions or obligations. You can request a copy from your condo corporation using the mandatory Request for Records form.

Examples of infestation provisions:

Requiring owners or occupants to prevent infestations

Owners must take reasonable steps, such as securing and locking garbage bins, to prevent infestations in their unit and the common elements.

Requiring owners or occupants to take immediate action

Owners must address an infestation, such as black mold, quickly by contacting the condo corporation.

Prohibiting certain activities that are likely to cause infestations

For example, owners may not be allowed to keep insects in a condo unit.

Section 117 of the Condo Act prohibits damage to property or injuring someone.

Section 17(3) of the Act requires condo corporations to take all reasonable steps to ensure that everyone complies with the Condo Act and the corporation’s governing documents.


Review municipal by-Laws

Contact your municipality to learn about any existing infestation-related by-laws and ensure that you comply with them.


Conduct necessary repairs

It is your responsibility to maintain your condo unit unless otherwise stated in your condo corporation’s governing documents so if your issue isn’t resolved after contacting your condo board or condo manager, you should:

  • Contain and remove the infestation
  • Remove or fix any sources and conditions in your unit that promotes the infestation, such as sealing any holes in the walls
  • Repair any other damage to your unit caused by the infestation.

You may wish to consider hiring a professional infestation removal service with the expertise and tools to completely remove an infestation and safeguard your condo unit and building against future infestations.

You could be held liable if an infestation in your unit damages other units or common areas or if you have not complied with your condo corporation’s governing documents.

Responsibility for removal costs depends on if the problem is found in a single condo unit, multiple units or common elements.

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Short-Term Rentals

Step 3: Solutions

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

  • Describe your situation
  • Another condo owner, the condo manager or the condo corporation has contacted me about a short-term rental issue

Determine what to do next

Another owner or occupant or the condo corporation may contact you if they believe that you are renting your unit on a short-term basis if there is a provision in the condo corporation’s governing documents about short-term rentals that you have not followed.

Respond to whomever contacted you to get more information or to see if you can resolve the issue. Use one of our letter templates, noting the date and time you sent it.

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 short-term rentals.

You must comply with the Condo Act and your condo corporation’s governing documents and any provisions regarding short-term rentals.

You may wish to seek legal advice from a paralegal or lawyer licensed by the Law Society of Ontario or the Law Society Referral Service.

You must comply with your condo corporation’s governing documents. Otherwise another owner or your condo corporation may take legal action against you. This may include filing a case against you with the Condominium Authority Tribunal.

 


Follow up

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


What if these steps don’t resolve my issue?

You may be able to file an application with the Condominium Authority Tribunal if you’ve tried all the steps above and the short-term rental related issue has continued and if your condo corporation’s governing documents have provisions about short-term rentals.

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Short-Term Rentals

Step 3: Solutions

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

  • Describe your situation
  • My condo corporation isn’t responding to a short-term rental issue or enforcing compliance with its governing documents

Keep track of the issue

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

Date and time

Type of issue

Who you think might be causing the issue

Any other details that may be relevant


Contact the condo corporation

Notify your condo manager or board of directors of any short-term rental issue so they can investigate the problem and take appropriate action.

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/email and note the date and time that you sent it.


Follow up

The 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.

Again you should keep a copy of your letter or email and note the date and time you sent it.

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.


What if these steps don’t resolve my issue?

You may be able to file an application with the Condominium Authority Tribunal if you’ve tried all the steps above and the short-term rental related issue has continued and if your condo corporation’s governing documents have provisions about short-term rentals.

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Short-Term Rentals

Step 3: Solutions

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

Keep track of the issue

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

Date and time

Type of issue

Who you think might be causing the issue

Any other details that may be relevant


Determine who may be causing the issue

It may not be clear whether the short-term rental issue you have noticed is related to a specific condo unit and an owner, occupant, tenant or guest.

Check the condo corporation’s records of owners and mortgagees and leased units to determine who owns the unit and whether it’s rented.

Use the mandatory Request for Records form or contact your condo corporation directly.


Contact those responsible

Speak to the unit owner or occupant you suspect is causing the short-term rental issue because they might not know that they are causing an issue. Speaking to them about the issue may resolve it quickly.

Use one of our letter templates if you do not feel comfortable speaking to them in person or if you’ve spoken to them already and the issue has not been resolved. Copy the owner and condo corporation to notify them of the issue and give them an opportunity to address it. Keep a copy, noting the date and time.


Follow up

Follow up with the responsible unit owner, occupant or your condo corporation with another letter if you’ve given them a reasonable opportunity to respond but the issue has not been resolved.

Use the following templates for letters to owners, occupants or 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.


What if these steps don’t resolve my issue?

You may be able to file an application with the Condominium Authority Tribunal if you’ve tried all the steps above and the short-term rental related issue has continued and if your condo corporation’s governing documents have provisions about short-term rentals.

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Short-Term Rentals

Step 4: Escalate the issue

The Tribunal does not have jurisdiction to deal with disputes about short-term rentals, but you may be able to file with the Tribunal if the issue you are experiencing involves noise, odours, smoke or vapour, light or vibration, pets or other animals, vehicles, parking or storage.

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


Mediation

Mediation is a process where a neutral facilitator tries to bring the parties to a mutually agreeable solution. Mediation is often less costly and it gives parties an opportunity to collaborate on finding a solution with which everyone is comfortable.

Arbitration

Arbitration is a process where a neutral arbitrator hears from both sides and makes a ruling on the issues. The parties involved in the dispute present evidence and the arbitrator makes a binding decision which can be appealed in some cases.

Seeking a compliance order from the Superior Court of Justice

Owners and condominium corporations can ask the court to make an order requiring compliance with any provision of the Act or the governing documents.

You may be required to go through mediation or arbitration before proceeding to the Superior Court of Justice, depending on the nature of your dispute.

What if my dispute relates to my condo's governing documents?

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.

Section 132 (4) of the Act deems all condo corporations to have a provision in their declaration requiring that disputes about the governing documents must proceed first to mediation then arbitration.

Check section 134 of the Condo Act for more information about compliance orders.


Seeking legal advice

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



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Condo Managers

Step 3: Find Solutions

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

Many condo managers and condo management companies appreciate having the opportunity to learn about service concerns and to take steps to address them such as rearranging duties or assignments and otherwise working with their condo client to improve the situation.

A condo corporation typically engages legal services if considering terminating the services of their condo manager or condo management company.

Keep track of the issue

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

Date and time

Type of issue

Any other details that may be relevant


Contact the condo manager and discuss the issue among board directors

Speak to your condo manager. Speaking to them about the issue may resolve it quickly. You can find tips on how to have productive conversations about performance with condo managers in the CAO’s Best Practices Guide: Overseeing Condominium Managers.

If that does not work, remember that boards have the power to terminate a management provider’s contract. The guide provides best practices for this as well.


Follow up

Follow up with if you’ve given them a reasonable opportunity to respond but the issue has not been resolved.


What if these self-help tools don’t resolve my issue?

You may wish to contact the Condominium Management Regulatory Authority of Ontario about filing a complaint if you have explored all other options regarding an issue with your condo manager or condo management service provider.

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Odours

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 on our website regarding the Ontario 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 odour related letter templates for condo corporations

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Odours

Step 3: Solutions

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

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 odour will most likely be included under the declaration or rules.

See our pages on governing documents to understand what aspect of condo life is governed by each and how changes can be made to each. Each document will have different requirements for meetings, quorum and voting.

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