Owners are obligated to comply with condo rules
Our board finds it necessary to inspect one of our condo units because of complaints from other owners. The owner in question is breaking the condo rules. How do we proceed with inspection?
ANSWER: The board is required to proceed as indicated under section 19 of the Condominium Act of Ontario. You must give reasonable written notice to the owner that the corporation or a person authorized by the corporation will be entering the unit or part of the common elements of which the owner has exclusive use. You should include the day and time you will be entering the premises.
Before any board is forced to proceed under section 19, they should issue a letter to the offending resident informing them of the particular rule, bylaw, declaration or provision that they are breaking. In some cases board members have met privately with the owner to discuss and successfully reach an agreeable solution.
Under the Ontario Condominium Act mediation will be mandatory in settling any disputes. In order for the mediation process to be successful the parties must reach a decision with the assistance of the mediator. If the mediation process fails, then the matter will go to arbitration. Certain rules that are in place to protect the safety and security of all owners will not require mediation. However, it is best to consult with the condominium lawyer as to what step to take next if the owner continues to violate the rule or rules in question. In some cases the condominium lawyer is able to write a compliance demand letter. The lawyer’s letter would include the particulars of the violation, a copy of the corporation’s rule or bylaw that has been breached and a statement demanding that the activity cease and desist by a specific deadline. In most cases a lawyer’s compliance letter will rectify the problem over 90% of the time and avoid any further action. If all the above procedures fail, it may be necessary under section 134 of the act to file an application to the Superior Court of Justice for an order enforcing compliance. The corporation may be able to recover its full costs against the owner by providing proof to the court the sincere efforts that were conducted by the board to rectify the owner’s violations of the condo rule or rules.