Don’t Drag Your Feet: Maintenance, Repair And Oppression

A recent court case examined what happens when a condo corporation fails to address a unit owner's complaints of noise and vibration coming from the common elements. The court found that the condo had acted oppressively and awarded the owner $30,000 in damages. The court recognized that the owner wasn't entitled to perfection but the condo had to balance the owner's right to quiet enjoyment, its statutory obligation to repair common elements, and the financial cost of any potential solution. The court inferred that the condo took remedial steps throughout the years but found the inexcusable length of time the condo took to address the owner's real and demonstrated concerns about the functioning of the chute and compactor was unacceptable. The court also found that the condo acted inappropriately when it informed the owner that the remediation work would not be completed unless and until the owner rescinded the court application. The takeaway is that condos should investigate owner complaints, determine if next steps are warranted or reasonable, and communicate clearly with the board's position on the complaint. Threats of reprisal don't reflect positively on anyone.