Condo Living

January 8, 2025 Published by London and Area Chapter - By Trish Kaplan

Owner Responsibilities in a Condo Community

From the CCI Review 2024/2025-1 July—November 2024 issue of the CCI London Chapter

Recovery from the past years has taken many turns, many of them totally out of our control; however, we individually, collectively and purposely move forward to a more peaceful and harmonious balance in all of our lives. Where time moves along quickly, outcomes are less speedy that we had hoped. In condominium communities, it is particularly valuable when we are in the same league. Also to that end, education can be our best confidant and resource.

It can be disconcerting for board members and managers when owners do not follow the rules that are enforceable by the Condominium Act and the corporation’s governing documents (Declaration, By-laws and Rules), either because they aren’t familiar with them or they choose not to. However, it is the responsibility of the Board of Directors to enforce any and all breaches and in a consistent manner without exemptions. The manager takes an active role in the enforcement as directed by the Board.

Over the years, complaints and disputes arose where there was the appearance that board members were exempt from the responsibilities to follow what was enforceable for everyone else. Regrettably, that issue continues to raise its head, in some condominiums.

Everyone who resides on the property has the same responsibilities to follow the governing documents. It can be true, where one owner does not follow rules without consequences, others will take that as permission to do their thing because there is no effective enforcement on the property.

It should be noted that where the manager is not continuously on site, the board members are responsible to report enforcement issues to be taken care of as provided on their management agreement, sooner than later, to prevent escalating issues. With early intervention, the need for legal intervention to those who are not compliant may well be reduced.

Where owners have concerns about any manner in which the corporation is being managed, there are options for them to raise the issue with the board or manager. Those options can be found here.

It can be said that not all owners take the time to familiarize themselves with or even refer to corporation documents. For example, when an owner wishes to proceed with their own plans relating to alterations and changes, they should be aware that there is a process involved. It is best for owners to ask for permission first than to ask for forgiveness later! It should be understood that Boards are not required to approve owner requests; however, they must, always act reasonably in their consideration to approve.

The Condominium Act and the corporations’ governing documents do specify requirements for owner alterations to be followed and includes the approvals, including permits where necessary, must be carried out before any changes are made (see Section 98 of the Condominium Act).

Education is not limited to managers and board members. It is recommended that owners be included in the learning process of condominium to promote understanding and compliance. Every corporation has their preferred methods of communicating information – newsletters, postings on your corporation website and others. The Condominium Authority of Ontario (CAO) is also an excellent resource for owners to be referred to, especially as to their roles and responsibilities to the condominium lifestyle they have chosen. 

THE TONE OF COMMUNICATIONS

The tone of all communications within the corporation is serious. A calm and respectful interchange is constructive to resolving any issue. There is always room for improvement. Read every communiqué before you send. The adage “You catch more flies with honey than vinegar” and that infers that honey and vinegar represent politeness and bitterness, respectively. A resolution is best forthcoming by proper information and kindness than it is by defensiveness or hostility.

ABOUT RULES

Rules are NOT meant to restrict, rather they are developed by the Board to promote the safety and welfare of owners and their property and to prevent unreasonable interference with the use and enjoyment of the units and common elements, including exclusive use areas which is that portion of the common elements reserved for use by the unit. Where rules are developed by the Board, owners do have an option to review the process to contest what they may find restrictive. The Condominium Authority of Ontario (CAO) has prepared a document Ontario’s Residential Condominium Buyers’ Guide that addresses fundamentals of condo ownership. Owners are encouraged to review the information when issues arise. It will assist them in the process needed to address and simplify the resolution of an issue. It can be found here.

RESOURCES FOR OWNERS

We all strive to live in safe, peaceful and cordial communities. Evidently, conflict can arise in a community; however, there can surely be success when everyone is familiar with their respective roles and responsibilities and there are concise and effective processes in place to facilitate a resolution without further escalation that may cause increased provocation to it becoming necessary for legal intervention. Some issues might require that the condominium legal counsel be involved to prevent an expensive process to resolution. It is always recommended that sooner is better than later to call in the professionals to assist and also less expensive in the long run.

It is also recommended that you share the Condo Owners’ Newsletter, brought to you directly from the Condominium Authority of Ontario (CAO) with your owners or at the very least, advocate for them to subscribe to receive them as they come out here.

As well, as member corporations of CCI, you are most welcome to provide your owners with a link to our website for upcoming events here that may be of interest to them and to our CCI Review quarterly publication here.

Boards (and dare I say owners) should have every opportunity to be informed. They would be well served to be familiar with the Condominium Management Services Act, 2015. Where individuals and businesses that provide condominium management services in Ontario must be licensed by the CMRAO, there is more information about the services and support that CMRAO provides here.

Boards on the search for management should check for valid licensing through the Condominium Management Regulatory Authority of Ontario (CMRAO) Public Registry here and/can view for any particular complaints received by CMRAO that may lead to disciplinary hearings as well as view each discipline and appeal decision here.

You can continue to receive news and updates about the CMRAO’s services and activities, as well as messages from the Chair of the Boar and the CEO/Registrar by subscripting to the CMRAO Quarterly here.

PARTNERSHIPS ARE POWERFUL

The strength of a condominium community will depend on the partnerships between the owners, the Board of Directors, the Manager and all those who provide goods and services in the community. No matter the role we play, it is up to each of us to collaborate responsibly and respectfully, involve the professionals, sooner than later as the need arises, and then celebrate the accomplishments that the team worked towards in the resolution of any challenges.

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Trish Kaplan, CCI (Hon’s) is the parttime Administrator of the Chapter.; having served in the position from April 2003 to September 2010. She received the CCI Distinguished Service Award from CCI National in November 2006.

Trish served as a director on the chapter board from 2010-2015 and was subsequently returned to the position of Administrator.

Trish is a condominium owner, served as a director in the corporation she resides in for a time and is a retired condominium manager. Her experience in different areas of condominium continues to be a benefit to the chapter and its members.