Alert police to threats, make directors stop verbal abuse
Our superintendent has verbally abused some owners and has threatened others with violence. The board refuses to do anything. What can we owners do?
A threat of physical violence is a criminal matter and a recipient should contact the police.
The Condominium Act requires the corporation to take all reasonable steps to ensure that the owners and occupiers of units comply with the Condominium Act and with the declaration, bylaws and rules. It is likely that the corporation’s declaration or rules prohibits verbally abusive conduct.
If so, it might be pointed out to the directors that their failure to take reasonable steps to enforce such a provision is a breach of the Act and could result in a court application to force the board to take the necessary action.
If there is no suitable prohibition in the declaration or rules, the board should be requested to pass a suitable rule.
If owners want to submit a requisition for the board to call an owners’ meeting, is there a mandatory form or can we make up our own form?
The amendments to the Condominium Act state that the requisition shall be in the prescribed form. You can no longer use your own form.
The constant hum from a common elements-area motor permeates our unit. It disturbs our sleep and produces anxiety. The board refuses to do anything despite our numerous emails and oral appeals. What can be done to cause the corporation to fix the problem and to compensate us for our personal suffering? Can we refuse to pay our common expense contributions? Should we present our claim to the new Condominium Authority Tribunal?
If the noise is from a motor in the common elements that requires repair or replacement, the corporation is required to act. If the board refuses to cause the corporation to meet its obligations under the Condominium Act, you could make a court application under Section 134 of the Act for a compliance order. You could also request the court to order the corporation to reimburse you for costs and expenses you have incurred due to the corporation’s failure.
You are not entitled to withhold your common expense contributions, notwithstanding a failure of the corporation to deal with a common element deficiency.
Withholding your contributions will result in you being responsible for the corporation’s legal costs for the preparation and registration of a lien registered against your unit.
The present jurisdiction of the Condominium Authority Tribunal extends only to a dispute in regard to an owner’s right to access the corporation’s records — so you cannot go to them for assistance with your issue.
I have been unable to get an answer about the length of our management contract with our management company. What can I do?
The management agreement is a record of the corporation and an owner may require the corporation to permit the owner to examine it, or to provide a copy.
If the corporation, without reasonable excuse, does not permit a requesting owner to examine or receive a copy of the record, the amended Condominium Act provides that the corporation shall pay the owner an amount determined in accordance with the regulations under the Act.
The owner may also apply to a Small Claims Court for an order requiring the corporation to provide the requested record. Lawyer Gerry Hyman is a former president of the Canadian Condominium Institute and author of Condominium Handbook. Send questions to gerry@gerryhyman.com or fax to his attention at 416-449-7071.