We kick off the first episode with Brad Wells, President of Wilson Blanchard Property Management and Vice President of CCI Grand River chapter, and Michelle Kelly, a partner at Robson Carpenter LLP, condo law expert, and currently President of CCI Grand River chapter.
CCI Grand River is all about helping people! Listen to this episode to find out how CCI Grand River is a phenomenal resource for condo managers, directors, professionals, and owners!
Key Points:
Learn about Michelle’s story and how she went from not knowing anything about condos to becoming a condo expert
How most people come to work with condos and get “hooked”
The importance of networking and community between professionals and condo owners, and the go-to directory filled with condo experts
What CCI Grand River provides for condo managers, directors, professionals, and owners
Opportunities to get free legal advice
An update on the Condo Authority Tribunal (CAT) which has expanded its jurisdiction and will now hear nuisance, annoyance and disruption disputes (noise, odour, light, smoke, etc).
Stay tuned for new updates!
Subscribe and review this episode on your favourite podcast platform!
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It’s March! With the first real warm rays of spring about to caress our faces, our thoughts turn to the warm days of summer and once again enjoying the outdoors!
Now is the time to get things approved to ensure your condo community can benefit THIS YEAR from the investments you make! At your upcoming Board Meeting, create a plan to discuss your outdoor landscapes. What provided enjoyment over the past year(s)? Are there any spaces that could benefit from a “refresh”? Is there a larger project, that by pre-planning now, could experience a successful start for enjoyment in 2023? Are there areas that provide safety concerns for unit owners?
Here are some ideas to consider now in the expectancy of warmer days ahead.
Turf Enhancements.
The best defense against weeds and unwanted pests is a healthy lawn. While many annual landscape maintenance contracts include regular fertilizer applications, this is often where turf care stops for condo boards. Regular, proactive care relating to your turf can save thousands of dollars in the long term. Consider adding regular weed treatments, core aeration, topdressing and seeding to your regular care. Many properties have turf areas that are heavily shaded and/or where there is high foot traffic; grass just won’t grow. Consider amending these areas by replacing the compacted earth with mulch and/or stepping stones.
Mulching your Garden Beds.
Mulching is one of the best things you can do for your gardens. You have likely seen the positive impact that is immediately evident following an application of fresh mulch. Not only does mulch provide a barrier for weed growth, mulch also helps your garden retain the needed moisture allowing plants and shrubs to thrive. Mulch will help prevent rainwater from washing away your soil. Furthermore, if you use an organic mulch (shredded pine bark mulch is recommended), it will release valuable nutrients in the soil as it naturally decomposes.
Rejuvenate Shrubs and Garden Beds.
Over time the existing garden beds and shrubs on your property can really start to show their age. Depending on the amount of maintenance they receive in an ongoing manner throughout the year, a rejuvenation is a fantastic way to provide an immediate improvement that will be evident to all owners. A rejuvenation involves horticultural pruning to shrubs such that new, fresh growth is encouraged. The early days of spring are optimal to have this service provided! Not only will this provide a fresh, new look, it is also very healthy for the plant material.
Enhance Entrance Signage.
How is your complex distinguishable from others in the neighbourhood? Are the name and address visible? Adding (or enhancing) your entrance sign will provide a positive focal point for visitors and potential buyers. Adding some lighting will provide for year-round interest as you enter and leave your complex. From a safety perspective, a well-placed and visible sign is a beacon in times of emergency for first responders.
Corrective Drainage Solutions.
Spring run-off and melting snow accentuates the wet, soggy areas of condo properties; we all know where the wet spots are on our properties! Given the high density of the building projects in recent years, there is less surface area for spring runoff and rain water to be absorbed into the ground. Pooling of water can also occur in areas where the ground has been saturated. A corrective measure, while not providing an impact that can be seen, will solve an annual nuisance and provide enjoyment for years to come.
Create a Place for Community.
Do you have an area that is frequented by many of your unit owners? Is there an underutilized common area? Consider the impact that adding a community garden might have. Permanent benches added in common areas give the message “stay a while”.
The coming weeks can provide a great opportunity for planning to ensure success in the coming warm season of 2022. We all know the intensity that spring provides: spring clean-ups, scheduled walk-arounds, etc. Moreover, your service provider’s capacities will be most stretched in the busy days of May and June. Proactive planning in March and April allows for project scheduling so your ideas can be implemented in a timeframe that works for you. There is no better way to jettison the ugly memories of grey snow piles than to anticipate the arrival of spring.
Make it an agenda item for your April board meeting!
Andrew Westrik, Sales Manager/Landscape Sales www.wpn.ca
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Whether it be a virtual meeting, conference, or webinar, either can be tough to get through while keeping them productive. Being behind a screen for the last couple years has taken away any excitement that was left behind the simplicity of virtual meetings.
Floods of “can you hear me’s”, paired with an ominous blank screen staring right back at you. It can be exhausting to lead any type of proactive discussion. Can they hear you? Is your screen frozen? Have they muted you while they go about their other tasks?
You can’t control everything that happens on the other side of the screen, but you can be proactive to ensure that you set yourself up to lead your next virtual meeting with ease.
Make sure they know who will be leading the meeting.
Meeting, conference, or webinar: your audience and team will want to know who will be the main speakers of the event. This should be detailed in all communication, from the first event invite, to all social posts and any update after. By giving your meeting a “face”, you humanize the digital element of the virtual meeting.
2. Greet every guest as they come in.
Certainly, you make sure to greet guests as they come in, but how many could you confidently say are given a personal greeting? If you find yourself in the middle of a conversation with one guest, and another guest has entered, try to find a way to work them into the conversation. Invite them to participate, or politely interject that you acknowledge their presence. By doing this, not only do you elicit a guest to use their “off-mic” option, but you may even see a camera or two turn on.
How you start your meeting will determine the mood throughout the lecture. Making and maintaining a connection with your guests is imperative to virtual meeting success
3. Let guests know when they can ask questions.
What may seem obvious to you, may not to another guest. Before you formally start, take a moment to relay how you will be presenting your material, and when you have planned for questions. Be clear if you’d prefer they keep their questions until certain parts of the presentation, or if you can take questions while presenting.
Additionally, remind your guests of the use of the “hand up” tool on most virtual conference apps. Not only does this feature give a polite nudge to the speaker that someone would like to speak, it also puts them in order. As long as you are taking questions from left to right, then you are going by the order in which the hands were raised.
If you have set time aside at the end for a Q&A, make sure your audience knows this prior to starting the lecture. You may have some guests who will stress about not having enough time for you to answer their questions if you don’t answer them in the middle of your presentation. By letting them know that you have set time aside, you are alleviating any unnecessary stress that anyone in your audience may be feeling.
4. Make time for breaks.
This isn’t as crucial if your meeting is under an hour.
However, once you start ranging on the 1.5-2 hour mark, you should be planning for a quick break.
The unofficial rule for breaks is 5-minutes for every hour. So, for 1.5-hours, that’s approximately 7-minutes. No matter the content, staring at a screen for long periods of time is draining. Breaks are necessary for ensuring your guests have the capacity to take in new information and have the energy to continue to participate in the meeting.
For example, if you are hosting a 3-hour meeting: plan for a 15-minute break at the 1.5-hour mark. Ask your guests to return within 10-minutes, and then not only do you have a 5-minute buffer for any straggler, those final few minutes before you pull the focus back on you, but your audience is also free to engage together across the screens
5. Give everyone an opportunity to speak at the end of the meeting.
After your Q&A (if you have planned for one), take a moment to give your guests the floor to speak on any final thoughts they may have.
This is also where you want to include and/or summarize the next steps, not only for yourself but for any attendee you’ve allocated any kind of responsibility to.
For example –
Mary will have the report by next Friday.
Jerry will touch base with Mike by end of the day.
The speaker will send out meeting notes by tomorrow morning.
You’ll want to aim to end your meeting with the same energy as you’ve started. No one should be leaving your meeting feeling drained, and uninspired to carry out their task. Luckily for you, you’ve followed our 5 tips to ensure your meeting was successfully executed!
Maggie Matian Marketing Manager for CCI Grand River
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Social media is an ever-evolving beast. Once you get comfortable with one algorithm, there have since been five updates, and a new sub-app that everyone is telling you to use. It’s understandable that most find themselves wanting to pull their hair out once tasked with social media managing. This can be especially frustrating if you are already overwhelmed should anyone utter “social media” around you.
Where do you start? How do you map out your KPIs? What’s keeping all this from becoming too overwhelming and getting away from you?
It’s clear that social media is key to your continued success, and understanding how to utilize this tool will make marketing much less intimidating.
Understanding the Importance of Marketing Your Condominium or Company
At its core, marketing your condominium, your management company, or your business can be simplified to one word: connection.
Engaging with your audience, whether occupant, potential buyer, or industry network, is crucial to building a strong, positive reputation. People are in constant search of connection, and if you can strategize a way to appeal to your masses in a way that is more personable rather than robotic, you are on the right track.
Given how we are as a society, it’s important to understand one key thing: anyone who has never heard of you will look up your social media.
Anyone. Everyone. Staying relevant, consistent, and approachable online will help when it comes to first and lasting impressions.
The first thing you need to do is choose your preferred social media platform. You do not need to be on every single main platform, but you should be utilizing at least two. Take the time to get to know the platforms, and ensure that those platforms are where your audiences will likely spend their time.
Once you narrow down which social media apps your audience uses, and which ones you feel confident using, the rest will fall into place.
Measuring Your Social Media Success
It’s not always about the number of likes a post gets. Though we all like to see that count rise, and get a little giddy when we see higher double and triple digits, there is more to measuring than meets the eye.
Reach. Engagement. Total follows. Those are three areas where you always want to see in the green. Making sure your content goes out at the right time, on the right day, will ensure you hit those first two targets. The followers, will follow.
Monitoring Your Social Media
Social media is both simple and complicated. It can get away from you easily, and pile up under a mountain of updates and missed insights.
If we circle back to your online reputation, there is one area of social media that you absolutely do not want to ignore.
Reviews.
By a show of hands, how many of us can say we monitor our online reviews, regularly? How many of us can say we know how to handle negative reviews or online disputes?
Monitoring your tone online is a difficult task, and is especially difficult when you’re handling uncomfortable situations. And even more so, if the person handling the situation is already frustrated.
The key to handling negative reviews is to deal with them ASAP. Since we’re now in the habit of checking our reviews regularly, it’ll become much easier to regulate your online presence.
If you come across a negative note or comment, here are some quick steps to handling it:
Read the comment carefully.
Ensure you understand exactly what the commenter is talking about, and if not, reach out to your team to see if anyone was involved with the interaction.
Respond to them promptly.
Take the time to give them a thoughtful response. Acknowledge their experience, apologize for the circumstances, and invite them to discuss the matter privately whether through direct message or phone call.
Once resolved, ensure you update the review/comment. You can encourage the original poster to do so, but there is no harm with replying to the public comment with an update (i.e., we have touched base with Ms. Doe about X issue and are happy to announce that we have found a resolution. We thank everyone who has taken the time to share their feedback.).
There is no harm in asking for support from your condo board or marketing team. Reach out if you feel unsure of how to handle any social media-related situation.
Social media is a great tool. Being able to connect with your audiences regularly will allow you to stay at the top of their list.
Using your platforms wisely, understanding your KPIs, and managing public reviews will have you running like a well-oiled machine.
This is no easy feat. Working with a social media professional, or an online marketing professional can take some of the digital weight off your shoulders.
Luckily, there is a plethora of information and resources out there in regards to social media and your digital presence. Stay tuned for our upcoming pieces as we discuss monitoring Facebook Groups, and understanding how “brand” affects you.
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Do you have an electric vehicle, or would you like to get an electric vehicle, and are wondering how to charge that electric vehicle at your condominium? Electric vehicles are becoming more and more common, and that is fantastic news for the environment. But is your condominium equipped to deal with this change?
If you are unsure about your condominium’s rules and infrastructure regarding electric vehicle charging systems (“EV charging systems”), start by checking the following resources:
Read your condominium’s declaration and rules.
If you do not have copies of the declaration and rules already, ask your property manager and/or board of directors. Does the declaration and/or rules discuss electric vehicles and EV charging systems? If you live in a newer condominium, the documents might. If you’re in an older condominium, the documents likely do not.
When reviewing the electric vehicle provisions in your condominium documents, consider whether they answer the following questions: who pays for the installation of the EV charging system? Who pays the ongoing costs, including monthly hydro bills, maintenance and repair, and insurance? Hint: it’s probably you.
Review your rights under the Condominium Act, 1998 (the “Act”).
Under the Act, an owner can apply to the corporation for an installation of an EV charging system. That means you can ask the board if you can install an EV charging system, and if your application complies with the Act, the board has only a limited list of reasons why they could reject your application. Reasons for rejection include, but are not limited to, if the installation will pose a serious risk: (1) to the health and safety of an individual, or (2) of damage to the property or assets of the condominium.
If your application is approved, you must enter a written agreement with the corporation regarding the installation which will be registered on title to your unit. Again, the requirements for the agreement are set out in the Act. The agreement will discuss, among other things:
the manner of installation and cost-allocation for installation of the EV charging system;
duties and responsibilities of both the corporation and the owner, including costs of use, operation, repair after damage, maintenance, and insurance of the EV charging system; and
ownership of the EV charging system.
The corporation can also propose an EV charging system installation to the owners, and if approved by the owners in compliance with the Act, the EV charging system can be installed by the corporation with the costs of the system installation being common expenses of the condominium.
Speak with your property manager and/or board of directors.
You might not be the first owner to approach your property manager or board with this question, and they may already be considering EV charging system options that could benefit you and other owners.
Electric vehicles are becoming increasingly common, and it’s time for condominiums to get on board!
Annie Bailey, Associate Lawyer www.rcllp.ca
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Around this time of year, many condominium owners, directors, and managers ask us: why are my windows dripping with water? Condensation is a common issue for older condominium windows and even some new windows. Here are some tips to better deal with condensation:
Open your blinds or curtains. Having them closed can reduce the temperature of your window frames and increase the potential for condensation. Opening your window coverings will allow warm interior air to reach them, raising your window frame temperature and drying the condensation.
Use your fans. The relative humidity in your unit may be too high for your windows. Using bathroom and kitchen fans more often can bring in fresh dry air and reduce the potential for window condensation.
Lower your humidifier settings. Most windows can only tolerate about 20% relative humidity when we reach cold January/February temperatures. Consider lowering relative humidity to 30% when temperatures drop below 0C, and 20% when temperatures drop below -10C.
Ensure your operable windows are fully closed. Leaving them slightly open can lower the window frame temperature enough to cause condensation.
If your problem still persists, feel free to reach out to your engineering consultant to ask for further tips on dealing with condensation. They should be able to provide you with standard tips and comment on the condensation performance of your window systems.
Every window system has a different condensation rating (i.e. ability to resist condensation) and new windows with higher ratings generally come at a cost premium. When it does come time to replace your windows, speak to your engineer about your expectations and your budget. New windows are a long-term investment and condensation resistance is not something to overlook when making your big decision.
It’s that time of year again for the Annual General Meeting and the process of forming next year’s budget. The auditor happily noted that the condominium had a growing surplus in both accounts. A golden retriever with a goofy grin ran onto the stage. His owner read a flyer that showed the benefits of having a pet sanctuary.
Budgeting: Should last year’s surplus be used to fund a pet sanctuary?
It’s that time of year again for the Annual General Meeting (AGM) and then comes the process of forming next year’s budget.
AGM Meeting
The AGM began with the auditor taking the stage to present the audited statements. The auditor happily noted that the condominium had a growing surplus in both the general account and the reserve account. After the auditor had left the meeting, the president of the board opened the floor and asked the unit owners what they would like to do with the surplus funds.
Unit Owner Discussion
The serious accountant, fiddling with her laptop, informed the other unit owners that they could put the surplus into a GIC, but the interest rates had fallen since the pandemic started in 2020, so the benefit was minimal. She then suggested that they could decrease their monthly common element assessment fees for the next fiscal year or keep their fees locked at the same rate for the next few years.
The active triathlete piped up, suggesting that the condominium should install an Olympic-sized pool and gym with stationary bikes for spin classes. He went on and on about the health benefits of exercise until a golden retriever with a goofy grin ran into the room and escorted him back to his seat by tugging on his pant legs.
The owner of the dog, a unit owner and humanitarian, took the stage. He read a flyer that showed the health benefits of having a pet sanctuary.
Pet Sanctuary
The room was abuzz with excitement, as many unit owners in that community loved pets. The board took this to a vote, knowing that they would need 66.67% of the owners to approve any change to the common elements. The vote was unanimous in favour of purchasing the pet sanctuary.
Budgeting with a Surplus Balance
At the next board meeting, the directors discussed how to form next year’s budget to plan for the coming year, as a budget is required by the Condominium Act to be included in the audited financial statements. The board followed these steps:
They looked at the auditor’s financial statements. The auditor had let the board know that the corporation had one year’s worth of expenses as a surplus in the general fund. (Typically, accountants like to see ½ month to 3 months’ worth of spending as a surplus in the general fund).
When forming the budget, they were told to work backwards.
What were the known expenses? The landscaping contract was $35,520. Property management fees were $25,100. Insurance premiums were quoted at $9,000.
What were the trends of increasing/decreasing expenses over the last five years? They saw a trend of water expenses increasing by $1,000 every year. Waste removal was also increasing by $2,000 each year.
The treasurer of the board added up the total expenses they were anticipating for the next fiscal year.
The board member in charge of the pet sanctuary project had researched the costs of constructing the pet sanctuary and added the project, as a one-time expense line item to the budget. The board member had also researched the costs of maintaining the pet sanctuary and added another $1,000 to their budgeted utility expenses. The board debated decreasing security costs due to the additional security the pets provided. They decided to wait another year to get a more accurate measure of how the sanctuary impacted security costs.
The treasurer observed the reserve fund study to see if there were any upcoming major repairs that they needed to consider. The corporation had been transferring the required amount to the reserve fund. There was appropriate funding for their reserve expenses and the treasurer saw no additional transfers required in the reserve fund study within the next three years.
After doing this exercise to figure out their total expenses, the treasurer noticed that their budgeted expenses were higher than the total amount of fees that they collected in the prior year by $20,000. As a group they decided that they were comfortable keeping their monthly fees consistent with the prior year, resulting in a planned shortfall of $20,000 for the current year. After the initial construction of the pet sanctuary, they would have fewer costs in the subsequent fiscal year. Their plan allowed them to continue with a surplus of $80,000, which gave them enough cash flow to cover the costs of the year, paying all of their vendors on time.
Now that the board had the financial plan for the year, the pet sanctuary committee could start selecting which pets they would like to save.
… If I was on the committee, I would definitely have chosen the monkeys first!
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As condominium managers, we have all been there – your relationship with a condominium community comes to an end. This can happen for any number of reasons – financial difficulties, personality conflicts, board unrest or lack of trust, to name a few – but no matter the reason, you will find yourself in the position of having to hand over a (preferably neat and organized) package of information to the incoming management company.
On the flip side, you may be the incoming condominium manager who is taking over a contract. Do you know what to ask for in advance? What to ask for at the deadline? How do you make the transition as seamless as possible for the residents?
As per the Condominium Management Services Act, 2015 (CMSA), all relevant documents and records must be transferred to the condominium 15 days after the date of termination, with a few exceptions. Of course, it is reasonable to request/hand over some documentation in advance of the turnover date (registered documents, for example), and in this digital age, it’s quick and easy to pass along copies via email.
Aside from handing over documents, there are dozens of tiny practical details to consider, such as banking (keeping former accounts or opening new ones?), address for service (make sure this is updated!), the status of PO’s (work completed vs. work in progress), etc. Each firm will have its own processes for these, but generally, remember to stick to the following:
1. COMMUNICATION – As soon as you know you are either terminating or taking over a contract, designate a point of contact to handle the transition. The point of contact may be anyone in your office – if they are prepared to amicably discuss the details of the transition and keep an open dialogue with the other party.
2. CHECKLISTS – There are just too many items to remember, so eliminate some of the stress and put it all in a list. Checking off items one by one will help you keep track and ensure that nothing is missed.
3. COOPERATION – It is imperative that both companies (and the Board) work together to ensure the least amount of disruption to residents, no matter the circumstances. Cooperation will set up the board, and therefore the community, for success.
4. PATIENCE – There are many moving parts to transitions and often residual items to wrap up, even months later. This is not necessarily anyone’s ‘fault’, but it’s important to remember that these things take time. Don’t expect the transition to be wrapped up by Day 1 – it’s a marathon, not a sprint.
Even when you follow these guidelines, you will likely run into a situation at some point where things are not progressing as smoothly as you would like. Maybe pertinent documents are being withheld, or maybe false information is being passed along. These types of issues can stem from the other management company, the owners, or even the board. In these situations, it’s important to remain professional and to carry on in the best interests of the community.
If despite your best efforts, you have reached a roadblock (perhaps you have been unsuccessful in obtaining documents, or there are financial red flags), you may need to involve the corporation’s lawyer and/or the Condominium Management Regulatory Authority of Ontario (CMRAO). This is the last resort, but a necessary step to protect the Board of Directors and condominium corporation.
The Grand River condominium community is a small one. While we all strive for fulfilling and long-lasting relationships with our clients, it is not always possible. We have all experienced both ends of a transition and know how difficult they can be – so the bottom line is to remain respectful and courteous while keeping the best interests of the client in mind.
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Since 1993 they have been creating and maintaining exceptional landscapes through the Spring and Summer months AND ensuring safe properties through the snowy Winter seasons. Read-on for some tips from Whispering Pines Landscaping.
The lawn furniture is tucked away and the snow contractors are doing their best to meet winter’s rigorous demands; now is the best time to put plans in place for the coming “green season” of 2022!
Here are some important considerations to add to your next Board meeting agenda to ensure your condo property will provide enjoyment and pleasure for unit owners:
1. Audit of your Garden Care program. Are your gardens looking their best? Are your shrubs being pruned at a horticulturally appropriate time of the year? Do you remember the last time the gardens in your community brought joy? Chances are that you could not answer “yes” to each of those questions.
Solution: consider adding a specific line in your budget to allocate funds to the maintenance of gardens. Corporation budgets commonly combine grass cutting and garden care under one line: Maintenance. Perhaps your property could benefit from a dedicated gardening crew that makes regular visits with gardens and shrub care as their only priority. Ask your landscape contractor if they offer this service.
2. Schedule a mulch application to your garden beds and tree circles. You have likely seen the positive impact that is immediately visible following an application of fresh mulch. Not only does mulch provide a barrier for weed growth, mulch also helps your garden retain the needed moisture allowing plants and shrubs to thrive. Mulch will also help prevent rainwater from washing away your soil. Furthermore, when an organic shredded pine mulch is applied, it will release valuable nutrients in the soil as it naturally decomposes.
3. Fix lingering outdoor drainage problems. Spring run-off and melting accentuates the wet, soggy areas of condo properties; we all know where the wet spots are on our properties! Given the high density of the building projects in recent years combined with extreme rain events, there is less surface area for spring runoff and rainwater to be absorbed into the ground. Pooling of water can also occur in areas where the ground has been saturated.
Solution: a corrective measure, such as a French drain will solve an annual nuisance and provide enjoyment for years to come. Consider contacting your landscape contractor to get on the schedule for a 2022 project.
Whispering Pines Landscaping is a full-service landscape company with experts in the areas of landscape design & construction, garden care, lawn maintenance and snow services. Their service area includes Guelph, Elora, Fergus and Orangeville.
Andrew Westrik Sales, Whispering Pines Landscaping wpn.ca
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December 2021, York C.C. No 188 v. Caudhry, et al, 2021 ONSC 7027; & York Region C.C. No. 794 v. Watson, et al, 2021 ONSC 6574
Incessant and harassing emails, phone calls, and intimidating and threatening behaviour are all too common for condominium boards and property managers. In York C.C. No. 188 v. Chaudhry, et al, and York Region C.C. No. 794 v. Watson, et al, the Courts dealt with situations where this type of behaviour needed to be addressed and determined that these actions amounted to “dangerous activities” under section 117 of the Condominium Act, 1998 (the “Act’).
Facts
In both cases the units were occupied by the owners’ adult children. The boards and property managers were bombarded by emails, voicemails, faxes. and confronted personally by the occupants, including threats of physical violence. The occupants relentlessly accused the boards and property managers of racism, plotting criminal activities, fraud, and other false conduct. This was considered intimidating, harassing, and threatening by the condominiums.
The owners/parents of the occupants received multiple notices from the condominiums, counsel, and the police, regarding the conduct of the occupants. Despite this, the owners did not take appropriate steps to curtail the behaviour and even appeared to further the campaign. The respective condominiums were required to commence compliance applications in Court, seeking orders to curtail this egregious behaviour.
The Courts’ Findings
The Courts noted that condominiums are required to take all reasonable steps to ensure that that the owners and occupiers comply with the Act, including preventing harassing conduct. The Courts also found that incessant harassing correspondence amounted to dangerous activities, as the behaviour of the occupants was likely to cause injury to an individual. “Injury”, can include, “psychological harm that is beyond a trifling nature.” This type of behaviour, specifically when directed at a property manager, may also trigger the Occupation Health and Safety Act, as property managers are entitled to a safe and harassment-free work environment. The conduct of the occupants in the present cases is a clear example of such.
The Courts ordered the occupants to vacate the units and cease all communications with the condominiums and their property managers. Such a remedy is powerful and reserved only for the most serious of instances.
Regarding the owners, the Courts noted that section 119(2) of the Act provides that the owners themselves are responsible for taking all reasonable steps to ensure that their occupants comply. Neither owner took reasonable steps to ensure this, if any at all. As a result significant costs were awarded to the condominiums and were added to the common expenses payable for the owners’ units.
Bottom Line
Where an owner/occupant will not stop harassing and intimidating others, including incessant and threatening correspondence, the Courts have determined such is a dangerous activity, and condominiums have remedies available to them. This kind of unwarranted behaviour can amount to “psychological harm” and includes inflammatory and harassing emails and phone calls.
For those unit owners who own units occupied by problematic, and even dangerous occupants, these cases highlight the positive obligation on owners to assist in curtailing the behaviour. Failure to take appropriate and reasonable actions may lead to significant cost consequences. Unit owners cannot simply allow their unit to be occupied by others and wash their hands of any responsibility.
Are you facing a similar situation? Contact your condominium legal team today.
Christopher Mendes, Associate, B.A. (Hons), M.A., J.D. www.svplaw.ca *This article does not constitute legal advice, always consult legal counsel.
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