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Vehicles

Step 3: Solutions

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

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

Keep track of the vehicle issue with as much detail as possible, including:

The date and time when the issue occurs

The type of issue you are dealing with

What you think the cause of the issue is

Any other important details


Identify who is causing the issue

If you know the unit number of the person causing the issue

Find out if they are an owner or tenant by checking the record of owners and mortgagees or the record of leased units.

If you don’t know who is causing the issue

Raise the issue with your management or board anyway as they may be able to advise on what to do next.

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.


Contact those responsible

The individual causing the issue may not realize it so speaking to them about it may resolve it quickly.

Send a letter if you are unable to speak with them or if speaking to them did not change the situation. You can use the CAO’s templates at the bottom of this page.

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Vehicles

Step 3: Solutions

Here’s what to do now that you’ve described 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 and your condo’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 HRTO is a tribunal that resolves cases dealing with discrimination and harassment under the Code. Consider filing an application with the HRTO if you have followed the steps above and your condo 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 CAT depending on the type of issue you are experiencing. The CAT 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 provisions in your condo corporation’s governing documents dealing with vehicles.
  • 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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Vehicles

Step 3: Solutions

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

  • 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 board and management. They may agree with you about changing the governing documents.

If they don’t, 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.

CAO 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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Vehicles

Step 3: Solutions

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

Consider your first step

Did a neighbour or your condo corporation tell you that you are not complying with your condo’s governing documents? Here’s some suggested actions you can take depending on your situation:


Determine what to do next

Do you believe your corporation’s governing documents need to be changed? You can read more about how to raise your concern with the board, but you must still comply with them in the meantime. Communicate with your board early and often about this so you may open the door for a quick resolution. Owners or condo corporations may file a Tribunal case against you if you do not comply.

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


Consider escalating

Visit Step 4 – Condominium Authority Tribunal for more information.

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Vehicles

Step 3: Solutions

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

Keep track of the issue with as much detail as possible

The date and time when the issue occurs

The type of issue you are dealing with

What you think the cause of the issue is

Any other important details


Contact your condo 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.

 

If contacting the condo board does not resolve your concerns, you can consider whether to file an application with the Tribunal.

Visit Step 4 – Condominium Authority Tribunal for more information.

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Vehicles

Step 3: Solutions

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

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

The date and time when the issue occurs

The type of issue you are dealing with

What you think the cause of the issue is

Any other important details


Identify who is causing the issue

I know the unit number of the person causing the issue

Find out if they are an owner or tenant. You can find out by asking your corporation for their record of owners and mortgagees or for their record of leased units.

I don’t know who is causing the issue

Raise the issue with your board or manager, who may provide advice on how to move forward.

Condos are required to maintain a record of owners and mortgagees under section 46.1 of the Condo Act.

Condos are required to maintain a record of notices of leased units under section 83 (3) of the Condo Act.

You can request copies of these records from your condo corporation.


Contact those responsible

Your neighbour may not be aware that they are causing an issue so your first step should always be to speak to them to see if you can quickly resolve it without escalation.

You can also send a letter if you are uncomfortable speaking to them or if you have spoken to them and it has not worked.

Here is where to direct the letters:

Copying your condo corporation in your correspondence gives them an opportunity to intervene and resolve the issue quickly. Make sure you also keep a copy of the letter or email for yourself and note the date and time you sent it.


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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Pets and Animals

Step 3: Solutions for owners

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

  • 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 board and management. They may agree with you about changing the governing documents.

If they don’t, 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.

CAO 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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Harassment

Step 3: Solutions

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

Identify the change

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


Learn about the procedural requirements

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 harassment provision. Provisions that restrict, prohibit or govern harassment will most likely fall under the condo corporation’s declaration or rules.


Begin the process to change the governing document

Follow the steps to change the appropriate governing document.

The board of directors may need to take additional steps to enforce the governing documents if the issue continues. This could include sending the unit owner or occupant causing the issue a letter from the condo corporation’s legal counsel.

Condo corporations can file an application with the Condominium Authority Tribunal if the issue falls within their jurisdiction. Learn more about filing an application with the CAT.

Otherwise, condo corporations can resolve the issue in private mediation or arbitration in accordance with section 132(4) of the Condo Act or, in some cases, apply to the Superior Court of Justice for a compliance order in accordance with section 134 of the Condo Act.

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Harassment

Step 3: Solutions

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

  • Describe your situation
  • An owner or occupant is harassing another owner, occupant or employee of the condo corporation

Gather information from the person who raised the issue

Reach out to them to collect all the information including:

  • The date and time when the issue occurred
  • The type of harassment they are experiencing
  • Who they think is causing the issue
  • Any other relevant details.

Determine who is causing the issue

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.


Contact the person causing the issue

An owner or occupant may not be aware that they are harassing someone. Speaking to them directly may resolve this issue quickly.

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

  • The harassment 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.

It may take some time to resolve the issue so you should give them a reasonable amount of time and you should keep track of your interactions with them in as much detail as possible, noting dates and times.


Follow up

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.

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

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Harassment

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.
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