Resolving Condominium Disputes
In the everyday operation of condominiums, the most common disputes tend to be between the unit owner and the condominium corporation and the usual method for resolving disputes is working out the issues among those concerned by negotiation between the parties. This may involve condominium board members, unit owners, occupants/tenants and property management.
If negotiations are not successful, alternative dispute resolution in the form of mediation and arbitration is mandated for some type of disputes between unit owners and the condominium corporations in Ontario. Section 132 of the Condominium Act requires that any disagreement between the condominium corporation and unit owner regarding the declaration, by-laws or rules is to be submitted to mediation and arbitration for resolution.
The Condominium Act requires the following process:
• First, there is a requirement to mediate the dispute;
• If mediation is not successful, or one party does not participate, the dispute moves to arbitration; and
• If a party does not comply with the arbitrator’s decision, a court order must be obtained requiring compliance.
• Although the most common disputes fall into the categories of "people, pets or parking”, a wide range of disputes can be mediated and arbitrated under the Condominium Act.
For further information, please contact me.