Dealing with a bully condominium board in Ontario can be challenging, and knowing how to fight a bully condo board requires strategy and knowledge about rules and regulations. In order to fight a bully condominium board you need to understand your rights and the board's legal boundaries; this information is crucial for a successful resolution. This comprehensive guide on how to fight a bully condo board is full of helpful tips and resources that offers strategic advice for Ontario condo owners being unfairly treated and bullied by condo boards.
Buckle up those combat boots, because we're about to fight bully condo boards together!
Understanding Your Rights and the Condominium Board's Role
The first step in fighting a bully condo board in Ontario requires a clear understanding of your rights as a condo owner, as well as the legal framework governing condo boards and corporations. Being well-informed empowers you to effectively address issues with a bully condo board, and come to a successful resolution.
Key Points to Understand:
Ontario's Condominium Act:
The Condominium Act of Ontario provides the legal framework for condominiums in the province. It sets out the rights and responsibilities of condo owners, boards, and corporations and can help fight a bully condo board.
You can read the Ontario Condominium Act here >
🌟 Stratastic's top tip for understanding Compliance in Condos: You should especially familiarize yourself with the aspects of the Condo Act that relate to board governance, owner rights, and dispute resolution.
Condo Governing Documents:
Every condo corporation has sets of governing documents; your condo's declaration, by-laws, and rules are the foundational documents that govern life in your condo community. They outline the rights and responsibilities of both the condo owners and the condominium board. Understanding these documents helps you identify if the condominium board is acting within its authority or overstepping its bounds. Similarly, these same documents help you identify what your rights and responsibilities are as a condo owner within that particular corporation.
Below, we're providing a summary (in hierarchical order) of the condo's Declaration, By-Laws, and Rules that all owners must know the scope of in order to better understand their own condo's governing documents if planning to strategically fight a bully condo board.
Find out more about a condo's Rules, By-Laws, and Declaration here >
Condo Declaration:
In short, this is the primary document that outlines the ownership, general governance, and property rights of the condo units and common elements.
"The Declaration is the foundational document for the condo corporation. It is prepared by the Declarant (the condo corporation’s developer) and does not have to be reasonable. Going back to the analogy of a company, the Declaration sets out the condo corporation’s structure: who has what responsibilities and jobs; what is the definition of a unit (the unit’s boundaries); what is part of the common elements; who is responsible for paying for what (i.e. is it the owners’ responsibility to maintain and replace windows, or the condo corporation’s responsibility?), etc.
The Declaration also spells out each unit’s percentage of the contribution to the common elements. Understanding the Declaration is the key to understanding your obligations as an owner as well as the fundamental structure of the condo corporation." - Laura Gurr, Condo Lawyer and Managing Partner at Cohen Highley LLP, as quoted in ACMO.
Condo By-Laws:
The by-laws govern how the condo corporation is run, including the election and conduct of the board of directors, and more. Here's how to find condo bylaws, which function as your key to understanding community living.
"Typically the first By-law sets out the Board of Directors’ qualifications, the number of people serving on the Board of Directors; the process for meetings and elections; whether the corporation can borrow money; and what is the standard unit for insurance purposes. The Board of Directors can make, amend, or repeal By-laws, but owners must be given notice of any changes to the By-laws, and, with a few exceptions, any new By-law must be passed by a majority of owners." - Laura Gurr, Condo Lawyer and Managing Partner at Cohen Highley LLP, as quoted in ACMO.
Condo Rules:
These are the day-to-day rules for living in the condo, covering everything from noise levels to pet ownership. They are much easier to change than By-Laws or Declarations.
"Where Rules are needed to promote safety and security, the Board should be able to use their judgement to act quickly and respond to the community’s needs. By requiring notice of a Rule change, owners who oppose the proposed new Rule(s) can petition a meeting to change the new Rule(s)." - Laura Gurr, Condo Lawyer and Managing Partner at Cohen Highley LLP, as quoted in ACMO.
Documenting the Issue of Bullying By Condo Boards or Board Members
Once you have a clear understanding of your rights, it is important to start keeping a detailed record of all interactions with the board. To make this easier, we strongly suggest keeping as many interactions as possible in writing, so they can be saved and referred back to later. This removes the "he said, she said" dilemma that situations such as these often end up in, and makes it easier to prove your case in the future in order to hold bully condo boards accountable.
Documenting everything (including dates, times, and descriptions of incidents) and keeping copies of all correspondence is crucial in winning a fight with a bully condo board in Ontario.
Those dealing with bully condo boards in Ontario have several options available to them. and may want to consider contacting a legal expert (such as condo lawyer) for advice, or reaching out to other lawyers via the Ontario Law Society if they are unable to reach a satisfactory resolution directly with the bully board of directors or via requisitioning an Owner's Meeting to remove any troublesome board members.
Here's more information on Requisition Meetings >
Still not sure where to go and what to do? We're here for you! Contact Stratastic now and we can help point you in the right direction. Everything you share is safe with us.
Top Tips for Effective Documentation of Issues with your Bully Condo Board:
Maintain a Detailed Log: Create a logbook or digital document where you record every interaction with the condominium board. Note the date, time, and a detailed description of each incident or communication.
Organize Correspondence: Keep all emails, letters, notices, and memos exchanged with the board. Organize them chronologically for easy reference.
Record Meetings: If permissible, record audio or video of meetings for accuracy. Alternatively, take detailed notes during meetings, highlighting key points and decisions.
Photographic and Video Evidence: If your issue involves physical aspects of the condo (like maintenance problems), take clear, time-stamped photos or videos as evidence.
Witness Statements: If other residents witness an incident or have had similar experiences, ask them to provide written statements.
Emails and Written Requests: Send requests or complaints to the board via email or registered mail. This provides a verifiable trail that you’ve communicated your concerns.
Backup Your Documents: Keep digital copies of all documents in a secure cloud storage or external drive to prevent loss of data.
Stay Objective: When going up against a bully condo board, it is essential to focus on facts and avoid emotional language. Objective documentation is more credible and useful, especially if legal action is required.
Communication: Your Most Important Step
Effective communication is often the most crucial step in resolving disputes with a bully condo board. It's important to approach the board in a manner that is clear, respectful, and constructive. Proper communication can lead to mutual understanding and can often resolve issues without the need for further escalation. Don't forget to keep communication in writing as much as possible so you can always refer back to it and increase accountability!
Top Tips for Effective Communication:
Formal Letters: Draft a concise and clear letter to the board outlining your concerns. Be specific about the issues you're facing, referencing relevant by-laws or sections of the Condominium Act as necessary. You can find sample letters for condo board communication here.
Structure: Start with a brief introduction, state the issue, provide any evidence or references to condo laws or by-laws, and conclude with a proposed solution or request for action.
Record Keeping: Keep a copy of the letter for your records; if sending by email, consider using a read receipt.
Request a Meeting: If the issue is complex or hasn't been resolved through written communication, request a face-to-face meeting with the board. This allows for more detailed discussions and immediate feedback.
Agenda Preparation: Prepare a clear agenda for the meeting. Know what points you want to cover and what outcomes you are seeking.
Stay Focused: During the meeting, stick to the agenda. Be calm, collected, and respectful in your communication.
Follow-Up Communications: After the meeting, send a follow-up email or letter summarizing what was discussed, including any agreements or action plans that were made.
Clarity and Confirmation: Clearly state any resolutions or next steps agreed upon during the meeting. Ask for confirmation or clarification if needed.
Positive Reinforcement: Acknowledge any positive responses or actions taken by the board. This can help in building a cooperative relationship.
Seek Mediation if Necessary: If direct communication doesn't lead to a resolution when dealing with a bully condo board, consider seeking a neutral third party for mediation.
Professional Mediation Services: You can look into professional mediation services that specialize in condo disputes. The Condominium Authority of Ontario (CAO) offers dispute resolution services that you can utilize.
If the absolute worst happens and you can't come to a reasonable solution, may want to consider if the issue is dire enough to contact a legal expert (such as condo lawyer) for advice or to think about requisitioning an Owner's Meeting.
Start Building Alliances
In many cases of dealing with a bully condo board, issues with such a condo board are not isolated incidents affecting a single unit owner but may impact several residents. Building alliances with other condo owners creates a unified front, making your collective voice stronger and more difficult for the board to ignore.
Here are tips for building alliances:
Identify Common Concerns: Start by talking to your neighbors to understand their experiences. You may find that they have also been bullied by the condo board and have similar issues.
Organize Informal Gatherings: Arrange casual meetings with other residents to discuss issues related to the condo board. This could be a coffee meet-up, a gathering in a common area, or a virtual meeting. Here’s a guide to organizing a virtual condo community meeting in Ontario.
Create Communication Channels: Establish a way for residents to communicate and stay informed. This could be a private social media group, an email list, or a WhatsApp group. Check out the pros and cons to weigh when considering using social media for your condo community.
Share Information and Documentation: Encourage group members to share their experiences and any documentation they have. This collective pool of information can be invaluable in understanding the full scope of the issues and in the fight against the bully condominium board.
Develop a Unified Strategy: Once you have a group formed, discuss and agree on a unified approach to addressing the issues with the board. This might involve a group letter, a collective presence at the next condominium board meeting, or appointing representatives to speak on behalf of the group.
Respect Diverse Opinions: Within your group, there may be varying opinions on how to proceed with actions against the bully condo board. It’s important to respect these differences and work towards a consensus that considers everyone’s perspective.
Stay United and Supportive: Throughout your dealings with the condo board, it’s important to stay united as a group. Support each other during meetings and in any interactions with the board.
Seek Legal Advice If Necessary
When seeking a resolution of issues with a bully condo board that cannot be resolved through direct communication or mediation, seeking legal advice becomes a necessary step. A lawyer specializing in condominium law can provide you with guidance on your rights, help interpret the Condominium Act and your condo's by-laws, and advise on the best course of action.
You can start your search for a condo lawyer on Stratastic's vendor directory, My Condo Vendor, and can also look at the Law Society of Ontario.
Conclusion
Navigating conflicts with a bully condo board in Ontario requires a strategic and informed approach. We suggest that you arm yourself with knowledge of the Condominium Act and your rights, document all interactions, and focus on communicating effectively. If necessary, don't hesitate to seek legal advice.
Building alliances with fellow residents will also strengthen your position. Remember, a structured, informed approach can lead to positive changes and a better living environment for you and your neighbors in the condo community.
If you have any questions on how you can fight a bully board in your condo corporation, you can also consider checking out our Condo Safety advocacy group, or reaching out to us!
Stratastic's collective condo community is always here to help, and so are we.
-Stratastic Inc.
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Updated on June 13, 2024.