Human Rights

April 15, 2024 Published by Golden Horseshoe Chapter - By Patrick Greco

Harassment in Condominiums – A Call to Action!

From the Volume 19, Spring 2024 issue of the CCI GHC Condo News Magazine

Ontario’s condominiums – from townhouses to highrises and beyond - are far more than mere buildings. They are communities where people live, work and interact. However, something is not right. Not a week goes by that our office is not contacted to assist with incidents of harassment and abuse. Even if a condominium corporation has a well-maintained property and reasonable common expense fees, this kind of activity can tear it apart from the inside.

The Harassment Epidemic

Let’s be honest, we’ve all felt it. Something changed during the COVID-19 pandemic. Condominiums, by their cohabitational nature, have always presented the opportunity for friction, but the repeated lockdowns confined people to their units and healthy social interactions dwindled. Anxiety about health and finances skyrocketed. When we finally emerged, it felt like everyone’s patience had worn thin. The slightest inconvenience triggered disproportionate frustration. While no one seems immune, property managers, who are already juggling a myriad of responsibilities and are usually the interface between the board and owners/ residents, have borne a great deal of the torment. All too familiar is the situation where a property manager receives a barrage of hostile emails from a disgruntled unit owner expecting an immediate response and resolution to their concern. “I pay your salary and I expect an answer!” Who wouldn’t feel overwhelmed and demoralized having to deal with that day after day?

The Impact of Mental Health Issues

Anxiety, depression and other issues simmer beneath the surface of our condominium communities as they do throughout society at large. Some residents face these challenges silently, while others lash out. It is all too common for family members to abandon an individual to the confines of a condominium unit when a setting with greater supports is required. This added overlay compounds the complexities of dealing with already difficult situations.

While mental health issues are no doubt an important issue that condominium communities should address with the utmost sensitivity, conversely, we cannot continue to use them as an easy scapegoat for the tensions in our condominium communities. Many cases of harassment and abuse have little to do with these issues and are instead more attributable to an erosion of community standards and civility, as well as downright rudeness and ignorance.

Call to Action

Condominiums are not mere investments; they are homes and workplaces. No one wants to arrive at a workplace in the morning, or return to a home in the evening, only to be confronted with aggression. Common courtesy costs nothing but yields immeasurable dividends.

It doesn’t need to be like this, and we all have a role to play in turning the trend around. The following suggestions are just the tip of the iceberg:

Owners:

• Understand what it means to own a condominium, as opposed to other types of housing. If your unit is tenanted, pay attention and address any issues promptly.
• Treat condominium staff with the utmost respect; you are not their boss.
• Get involved! Don’t save up all your complaints for the Annual General Meeting. Volunteer to serve on the Board, or sit on a committee. Remember, the condominium corporation is not a business or a landlord – it is YOU and your fellow owners.

Residents:

• Familiarize yourselves with the declaration, by-laws and rules of the condominium - and comply! You are legally bound by them.
• Remember that you are part of a multi-unit home. Get to know your neighbours.
• Have the humility to admit when you have done wrong, and change your conduct.

Directors:

• You are not dictatorial rulers. You are the fiduciaries of your fellow owners, elected by them and entrusted with the responsible governance of the community.
• Protect your staff. Not only is it your legal duty to address workplace harassment, but ensuring that workers are able to perform their jobs in a safe and productive environment is also your responsibility, which benefits you with their resulting good work.
• Communicate with your owners. So many issues and misunderstandings could be preemptively defused by regular updates. In the digital era, this is just a click away, leaving no excuse for owners to be kept in the dark.

Property Managers:

• Don’t go it alone; get the help you need. Keeping the Board, your supervisors, and other appropriate parties, such as counsel, informed as a situation arises may not only help to resolve it by having more brains applied to the issues, but will also protect you.
• Don’t pick fights, either on your own or as the Board’s proxy. All owners, no matter how rude or frustrating, are entitled to due process. Failing to take the moral high ground almost guarantees expensive and time-consuming litigation. Instead, consider how problems can be solved to the benefit of all. Often, inviting the other party to a meeting can trigger the start of a resolution.
• Take care of your physical, mental and emotional health. This is easier said than done when it feels like every day is a challenge just to keep your head above water. Not only is your own health more important than any job, but you can’t even really do your job well if you aren’t fully “there” at work. Take advantage of any employee assistance plans (including free therapy) or other benefits that may be available through your employment.

The foregoing are not the only parties who need to step up to ensure healthy condominium communities. Developers, all levels of government, the courts, police, and countless others have important roles to play in keeping our communities safe and vibrant.

Closing

It’s time for us all to stop complaining about how bad our condominium communities have gotten and to step up and do our parts to change things. It may take some time, but as more and more Ontarians continue to live in condominiums, let’s lay a new foundation of mutual respect so that our condominium communities are healthy and enjoyable places to live for generations to come.

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Patrick Greco, Partner
SHIBLEY RIGHTON LLP Barristers & Solicitors