Condo Living

July 12, 2024 Published by Golden Horseshoe Chapter - By Asad Hashim

Tackling Misinformation in Condominium Communities

From the Volume 20, Summer 2024 issue of the CCI GHC Condo News Magazine

Disagreements between the Board of Directors and unit owners are all too common.

Picture this: The board of directors have made a decision to replace the roof in the condominium. A small group of unit owners disagree with the decision. This dissenting group of owners decide to speak with the other owners voicing their displeasure and share false and misleading information about the capital project. Now owners are confused and start hounding the board and the property manager for more information on the project, and the dissenting group of owners continue to circulate other false information. This goes in circles until the board decides to put the project on hold, delaying any necessary work, to deal with the rumour mill.

This is not an original story and continues to happen regularly in condominiums.

It is encouraging that unit owners are engaged in their community. What is less encouraging is this engaged group of owners are prone to spreading misinformation around the community.

So, how can a board of directors and property managers deal with misinformation?

1. Establishing Robust Communication Channels

Constant, open, and transparent communication is essential in dealing with misinformation. The Condominium Act, 1998 (the “Act”) typically only requires boards to hold annual meetings and meetings requisitioned by owners. These meetings are prescribed by the Act and must be held within specific timeframes.

However, boards can also hold informal town hall meetings to address any topics, including correcting misinformation. These informal town hall meetings are not about attacking the dissenting owners but serve as an opportunity for the board to be open and transparent about their decision-making process. Additionally, if the board has relied on professional opinions (such as engineers, accountants, or lawyers) in reaching their decisions, bringing the third-party professionals during the town hall meeting can help immediately clarify any confusion.

2. Immediate Response to Misinformation

Addressing misinformation swiftly and accurately is crucial. Quick corrections prevent false information from proliferating. By using established communication channels (such as e-mail newsletters or an online portal), condominiums can immediately issue corrections and provide clarity when misinformation surfaces. Boards can also seek a third-party’s opinion to ensure all responses to false information are fact-checked and accurate. Finally, instead of addressing any dissenting individual owner specifically, general communication directed to the entire community can be more effective in directly responding to any false information.

3. Providing Education and Resources

Another strategy to tackle misinformation is educating owners about their rights under the Act and clarifying the responsibilities and functions of the board of directors and property managers identified in the condominium’s governing documents. Consequently, owners can be reminded of the board’s obligations under the same Act and governing documents. When owners understand the laws and rules governing their community and the board of directors, they are more likely to understand the process that the board and property managers go through in reaching their decisions.

Providing educational resources can help clarify these aspects and promote informed discussions. Distributing guides and FAQs about the board of directors’ functions can help residents understand their rights and responsibilities, while an online repository of the condominiums’ governing documents ensures accessibility for all residents.

4. Promoting Transparency in Condominium Operations

Transparency in board decisions and actions is vital to building trust and preventing the spread of misinformation. Board members should openly share the rationale behind their decisions, through established communication channels, like newsletters, emails, and notices. Depending on the nature of false information, publishing detailed minutes of board meetings, which are part of the condominium’s records, helps to ensure that residents are kept informed. Also, holding townhalls with owners to have an open discussion, can provide opportunities for residents to ask questions and express concerns. These townhalls can and should include professionals that the board consulted and relied on in making decisions.

5. Maintaining Accurate Records

Record keeping is a critical part of any condominium community. Whether the condominium is self-managed or managed by a property manager, keeping accurate records can help ensure accurate and swift responses to any false information when they arise. Maintaining good record keeping also helps establish clear timelines and makes it easer to identify when a problem started, to when professionals were engaged, and ultimately when the board reached a decision. By maintaining accurate records and providing swift responses, boards can quickly and efficiently change the negative environment in the community to a positive and harmonious community.

Managing misinformation in condominium communities requires a proactive and transparent approach. By using communication channels like emails and newsletters, educating residents, responding promptly to misinformation, maintaining transparency, and maintain accurate records, board members and managers can foster a well-informed and functional community. These strategies will help to build trust and ensure smooth community operations.

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Asad Hashim is an Associate Lawyer at SimpsonWigle LAW LLP practicing in the areas of condominium law, real estate, and land development. Asad is also the Chair of the Education Committee for the CCI-GHC chapter.