In our final blog post about harassment and incivility in condos, we’re zooming back to gain a better understanding of what we’ve tackled regarding this “ticking time bomb” that our industry is facing. This isn’t a recent issue, but it has garnered a lot of attention as of late. If you're wondering how condo communities can take action against harassment, you've come to the right spot for the top takeaways for condo managers, boards, residents, and vendors!
In this takeaway piece, we're discussing (click to jump to section):
Taking Action Against Harassment in Condo Communities: Tackling a Troubling Trend of Violence in Condominium Corporations.
The Escalating Issue of Incivility, Harassment, and Violence in Condos: The Impact on Condo Managers and Directors.
Defining Harassment and Violence in the Workplace.
The State of The Industry: How Violence and Harassment in the Workplace Affects Condo Managers, Property Management Companies, and the Industry.
Existing Measures: Legal Deterrence, The CAT, and Policy Creation.
How the Condominium Authority Tribunal ("The CAT") Halts Harassment in Condos: Sample Anti-Harassment Rule.
Proactive Measures Against Harassment in Condominium Corporations + Further Suggestions For Communities, Condo Managers, Boards, Residents, and Vendors.
Protecting Directors: No More Violence for Our Volunteers.
Condo Safety Advocacy Group: Coming Together as a Condo Community to Take Action Against Harassment.
Taking Action Against Harassment in Condo Communities: Tackling a Troubling Trend of Violence in Condominium Corporations
Over the last year, we’ve witnessed several distressing events, such as the shooting at a luxury condo in Vaughan, followed by the shooting of a Resident Manager, and the stabbing of superintendents. Consequently, ACMO, CCI-T, and the CAI initiated a safety committee and recently shared an open letter (to Premier Doug Ford, the attorney general, and the minister of Public and Business Service Delivery, to call for changes at a provincial level in response to “a lot of fear” (Sally Thompson, VP of CAI’s Canadian Chapter, as interviewed in the Toronto Star).
This open letter correctly identified the state of the industry, especially as a microcosm of society: “it is believed that the condominium industry, and perhaps even society, has turned a very unfortunate and even scary corner, and that this increase in harassment, online-bullying, unchecked character attacks, violence and violent behaviour sadly is here to stay (and may continue to increase)”. Unfortunately, we strongly agree.
Over the last year, we’ve seen Directors, Condo Managers, Residents, Superintendents, and staff alike calling for change and increased protections for themselves and their families. The terms “incivility”, “harassment”, and “violence” have been used to describe the changing landscape of condominium workplaces and living, and understanding the difference in terms matters.
The Escalating Issue of Incivility, Harassment, and Violence in Condos: The Impact on Condo Managers and Directors
The worsening of this incivility crisis has dire consequences for condominiums and their communities. Condo managers, an already scarce resource, are at risk of becoming even rarer. With only 1 manager per 3 condos in Ontario and 25% due to retire in the next few years (compared to less than 3% aged 29 and under joining the industry), who will be left to manage such a substantial asset for condo owners, and at what price?
Now that Directors worried about being attacked (verbally and physically), who will be left to run and represent each condo community?
With the leadership of condominium corporations throughout the province not feeling safe and secure enough to work or volunteer to conduct the corporation's operations, we should all be worried about how the troubling trend of harassment in violence will impact everyone and everything - including our collective industry and the very core of every condo community within it.
It's time for everyone - condo managers, boards, residents, and vendors to take heed and protect those striving to serve our condominium sector.
1️⃣🛑 Please see our first article in the series for more information on harassment and violence in condos: "Incivility in Condos: Harassment and Violence in the Workplace and Our Community".
Defining Harassment and Violence in the Workplace
It's important to understanding that exact definitions vary in legislation; however...
“Harassment generally means engaging in a course of vexatious comment of conduct that is known or ought reasonably to be known to be unwelcome. Violence is the actual, attempted or threatened exercise of physical force”, and notes that “violence is less common but unfortunately it continues to occur, and in my view is getting worse”, Deborah Howden (Condo Lawyer and Partner at Shibley Righton LLP) stresses.
The State of The Industry: How Violence and Harassment in the Workplace Affects Condo Managers, Property Management Companies, and the Industry
This troubling trend of incivility in condos has left a deep impact on the state of the condominium and property management industry. Condo managers and boards are dealing with abusive language, discriminatory and derogatory comments, and incessant bombardment of communications - with the expectation of receiving responses in an unreasonable timeframe.
“An owner’s rights do not include the right to make written interrogatories of management and then complain when answers are not provided in what the unit owner considers to be a timely manner”, Deborah Howden emphasizes and cautions.
Nicholas Chirametli (President at City Sites Property Management) shared his own perspective on the matter with us, drawing from his experience supportint condo managers who have experienced harassment in their workplace, and directors who also needed the additional support when dealing with incivility within their condo community.
“There have been many circumstances where managers have approached me requesting support, intervention or even a transfer to another property under management due to persistent harassment behaviours from an owner, group of owners and sometimes even certain Directors” (Nicholas Chirametli, President at City Sites Property Management).
This is unsurprising, and the current climate of incivility was confirmed by the condo managers we spoke to when gathering information for this article, including “S.G” and “D.Smith” (names changed for safety purposes).
S.G. recalls being stalked and accosted by residents in her workplace, having baseless complaints lodged against her with the CMRAO, and being bombarded with a never-ending barrage of questions…to the point that “the workplace had become so toxic that it was uncomfortable to be on site”. Smith also experienced the stalking and incessant questioning, as well as having his job threatened, dealing with defamatory comments, and witnessing other corporation staff and Directors experiencing the same harassment and violence - to the point of a physical assault happening.
These stories are not unique, which is (quite unfortunately) unsurprising. “The stories differ from manager to manager, director to director, and staff to staff. Yet, the ticking time bomb remains unchecked”, Smith warns. Tick, tock, Condoland.
Others have faith that the industry will persevere.
“The condo industry is a resilient and formidable entity. The harassment in condominiums has existed since the concept of condominiums was introduced. It's the adversarial nature of the business that sometimes brings the worst in humanity. There will always be conflict one way or another. One of the reasons we are seeing more reports of harassment out in the open is because the industry stakeholders are reasonably vocal and not afraid of pointing out the issues”, Val Khomenko (Regional Condominium Manager with TSE Management Services), optimistically shares.
Khomenko's “outlook for the industry is that it will weather this storm like it weathered all others. The condos will adapt to prevent harassment through education, enforcement and most importantly, community building approach. It's the essence of the condominium manager to adapt to the changing environment and circumstances. With said expertise, we, as managers, must lead and guide our communities we serve through this obstacle. The short term effect will have people exit but it will also have people eager to seek changes needed so the number will even out. On the long term scale, it's difficult to foresee and gauge the outcome at this point”.
Understanding that there is an issue knocking on our community’s collective door, how do we deal with these issues using remedies that are currently available, and how can we create more safeguards to do even better?
2️⃣🛑 Please see our second article in the series for more information on the industry impact of harassment and violence in condos: "Harassment in Condos: A Troubling Trend and Its Impact on Condo Managers and Property Management Companies".
Existing Measures: Legal Deterrence, The CAT, and Policy Creation
Leveraging Legal Deterrence Against Harassment in Condos
Unsurprisingly, the most commonly considered option when dealing with harassment and violence in condos is the use of legal deterrence and proceedings, such as compliance letters. “Compliance letters from [the corporation’s counsel] requiring the abuse to stop are often sufficient to end the harassing behaviour. Where this is not the case, we have to escalate the matter to the courts and obtain an order. That typically resolves any lingering misbehaviour, though sometimes further steps are necessary”, Howden explains.
Relying on the Occupational Health and Safety Act ("OHSA") to Protect Condo Managers and Property Management Companies, Condo Vendors, and Other Employees Working in Condominium Corporations
“Staff may also rely on provisions in the Occupational Health and Safety Act (“OHSA”), which protects workers and applies to supervisors, employers and workplaces in Ontario. Under the OHSA, a ‘worker’ is a ‘person who performs work or supplies services for monetary compensation’”, Howden (who also specializes in Employment Law) states, before also noting that because “condominium directors do not typically receive monetary compensation, they are excluded from the worker protections under that legislation”.
More on this later...
How the Condominium Authority Tribunal ("The CAT") Halts Harassment in Condos: Sample Anti-Harassment Rule
Recently, The Condominium Authority Tribunal (“The CAT”) expanded its reach to include harassment, if the corporation has provisions regarding harassment in its governing documents. The CAT shared a sample “Anti-Harassment Rule”, “designed to support condo corporations in Ontario with establishing clear, consistent, and transparent processes for addressing the prevention, preparedness, and response to harassment in their condo community”. In some cases, The Act may also be relied upon to bring such issues to The CAT’s attention using certain sections, particularly regarding certain nuisances, annoyances, or disruptions, and whether there’s a likelihood of physical injury, illness, or damage to property.
More information: "Condo Community Beware: The Condominium Authority Tribunal Takes a Stand Against Harassment".
Implementing an Anti-Harassment Rule in every condo corporation is strongly recommended, as it establishes clear expectations for comportment and consequences for incivility.
Furthermore, Chirametli notes, all corporations should “assist the manager in enforcing these Respect in the Workplace policies. This would require the Corporation at large to address any harassment or violence directed towards employees and representatives of the condominium, including the Manager as well as any individual at the property”.
Thankfully, creating and passing an Anti-Harassment Rule is an easy process, which we’ve summarized in our previous article.
3️⃣🛑 Check out how to implement an Anti-Harassment Rule in your condo corporation (with free samples and templates!), as well as more information on existing measures! Please see our third article in the series for more information on the existing measures (such as The CAT and legal deterrence) that condos can use against harassment and violence in condos: "Incivility and Harassment in Condos: Exploring Existing Measures, Including The Condominium Authority Tribunal (The CAT), Legal Deterrence, + Policy Creation (Free Templates; Pt. 3 of 6)"
Are you dealing with harassment or violence in your condo, and need a lawyer’s advice? You can find a condo lawyer on Stratastic’s vendor directory, “My Condo Vendor”, or a variety of lawyers via the Law Society of Ontario!
Proactive Measures Against Harassment in Condominium Corporations + Further Suggestions For Communities, Condo Managers, Boards, Residents, and Vendors
While current mechanisms are necessary, the existing climate of incivility calls for more focus on proactivity and consideration regarding further safeguards.
It’s important to “regularly educate residents about what constitutes harassment and violence. This can be done through newsletters, online resources and in townhall meetings. The board and management must also promote a safe workplace and living environment. They should encourage a sense of community and respect among residents. This can be done through any number of initiatives. For example, by organizing social events and activities that promote respect, inclusivity, and tolerance. Stronger connections among residents, management and directors can help deter incidents of harassment and violence”, Howden suggests, before advising further.
“At the same time, security measures within the condo premises could be enhanced. Security cameras with appropriate signage set up in management offices and in the lobby could be helpful. It goes without saying that the corporation should take all reports of harassment and violence seriously and initiate prompt action to respond to the reports. Appropriate consequences must be implemented for individuals who engage in harassment or violence”, concludes Howden.
4️⃣🛑 There are many suggestions on how you can proactively prevent harassment in your condo corporation! Find out how in our fourth article of the series, "Getting Proactive About Preventing Harassment in Condos: Coming Together as a Community of Condo Managers, Directors, Vendors and Residents".
Protecting Directors: No More Violence for Our Volunteers
Directors are volunteers elected by their condo’s ownership, and while this role was often thought of as a thankless job, it has escalated into a risky endeavor. Directors don’t receive the same protections as workers under the OHSA, and don’t have the luxury of easily removing themselves from the condo environment as they are often owners who live there.
Our previous article in the series described the experience of “Mike F” (name changed for safety reasons), who recalled his experience with harassment and violence while serving on his board. Similar to the situations of the property managers interviewed earlier, Mike dealt with stalking and spying, the spread of defamatory information and false accusations, and threats. Moreover, he witnessed physical violence, and, altogether “these actions caused [him] a great deal of duress . . . to the extent that [he has] resigned from [his] position and left [his] condominium residence”.
Mike’s decision to resign over personal safety concerns is not uncommon.
Chirametli emphasizes that an “average Director will be discouraged quickly from dedicating their personal time to the condominium if they are abused by fellow owners, tenants, contractors or property management. We all know that abuse in the workplace can take many forms (including verbal and physical) but there are more nuanced challenges in a workplace that is also a residence such as stalking, smear campaigns, frivolous litigation and more that Directors can and have experienced.”
In light of this wide-spread issue (and following troubling recent events on the news), the open letter of the Joint Safety and Security Legislation Committee recognized that we must find a “balance between the rights of owners to be able to participate fairly and equally in the democratic process within their community . . . VERSUS the obligations of the Corporation to protect individual, directors, staff and the Corporation's potential exposure to liability” via 1 of 3 options, all aimed at removing the personal addresses of Directors from any records available to condo owners.
Additionally, the three associations suggested something crucial - the necessity for a 3rd party to vet (mis)information that is often widely used by owners to attack Directors and launch smear campaigns.
Misinformation “becomes a problem when the people that desire this change are willing to mislead their fellow owners and arrange for character and reputational assassinations of their existing Directors”, Chirametli correctly points out.
Further, he stresses the dangers of “keyboard warriors” and how constant attacks by disgruntled owners launching “smear campaigns can overwhelm a volunteer Board of Directors”. What can Directors dealing with such issues do?
Chirametli suggests “[challenging] these kinds of campaigns with factual and transparent communication and do so on a consistent basis. Owners need to know that their homes are being properly managed and cared for by ethical and competent leaders. Community meetings, events and regular newsletters can quickly clarify misunderstandings and better educate owners to think critically and ask important questions of both dissident factions and their elected representatives on the Board”, advice which is in line with Howden’s advice to keep condo communities educated and engaged.
While there are more mechanisms being proposed and possibly implemented, the message about these isn’t yet loud and clear to reach all the relevant parties. Mike, for example, was unaware of the three associations’ initiative. Mike believes that “the mere fact that I’m not aware of them proves that they are not as effective as they need to be. I think that the government should be stepping in and legislating additional protection for board members. For starters, I think there should be steeper punishments for cases of harassment against board members. I believe this would help deter residents from initiating acts of harassment, which may interrupt the pattern of vexatious behaviour that for some reason appears to form in the residence of condominiums.”
“Furthermore, I think that there needs to be more public awareness and education about the type of harassment and violence that directors are enduring. At the end of the day, this is a volunteer position, and those volunteers should have the right to be properly shielded and protected from violence and harassment”, states.
For those wondering where residents are left in all of this, like Directors, they are not covered under OHSA, but do have the other mechanisms available to them, including legal remedies and possibly The CAT’s assistance.
The Joint Safety and Security Legislation Committee
An Open Letter from the Association of Condominium Managers of Ontario, the Canadian Condominium Institute, and the Community Associations Institute (Canadian Chapter)
The aforementioned open letter from ACMO, CCI-T, and the CAI also suggested some further measures, specifically regarding removing the addresses of Directors from a corporation’s public records (currently available to owners via submission of a Records Request to management). Another note-worthy ideas was the suggestion to create a separate body to verify (mis)information in order to protect volunteer directors from smear campaigns involving defamation and slander.
5️⃣🛑 What are the challenges of protecting condo directors and residents, and how has the Joint Safety and Security Legislation Committee tackled this important topic? Find out in our fifth article of the series, "Protecting Directors and Residents Against Harassment in Condos: Existing Legislative Measures + Future Considerations".
Condo Safety Advocacy Group: Coming Together as a Condo Community to Take Action Against Harassment
Stratastic has launched a resource page and awareness group for the issue of incivility in condos, where we can share experiences and advice, as well as team up to get the security of our condo sphere back. Let’s come together to prevent harassment and violence from continuing to take over our condos, and bring back respect. Together, we can support each other and ensure that we commit to creating a safer condo environment for all Condoland citizens.... join our Condo Safety group now.
Inviting all Condo Managers, Boards, Residents, and Vendors to Join Us!
Our platform provides you with the resources needed to educate yourself and others (property managers, Directors, residents, and staff) on this important topic, and features a forum where you can communicate with others to receive the advice to feel safer and supported as we navigate, together, how we can lead our collective condo community to a future that brings back respect for all.
Join us now and lend the strength of your voice to this very important mission - you're in safe hands.
-Stratastic Inc.
P.S. Don’t forget to become a member (it’s free); we can’t wait to welcome you into Stratastic’s collective condo community!