Decision-Making in Complex Situations

Evaluating the Complexity of Condo Disputes

Factors to Consider in Decision-Making

Condominium managers often face complex enforcement scenarios that require careful assessment of:

• Nature of the violation (e.g., noise complaints, unpaid contributions, unauthorized alterations).

• Time sensitivity (e.g., urgent safety concerns vs. minor bylaw infractions).

• Potential for legal consequences (e.g., disputes that may escalate to legal action).

• Stakeholder involvement (e.g., owners, tenants, board members, service providers).

Legal Boundaries for Condominium Managers

• Scope of authority: A condominium manager cannot issue fines or sanctions without board approval.

• Proper Notice Requirements: Bylaw violation notices must be specific and addressed to the unit in question, including the name of the individual responsible.

• Timelines: Enforcement actions must align with the two-year limitation period set out in Alberta law.

Analyzing Condominium Dispute Resolution Strategies

Case Study 1: Unpaid Contributions

Scenario: An owner has failed to pay contributions for six months. The board has asked the manager to take action.

Resolution Considerations:

• Has the owner received proper written notice?

• Does the corporation have a caveat enforcement process in place?

• Are the steps taken aligned with Section 39 of the CPA, which allows the corporation to recover unpaid contributions through legal means?

Case Study 2: Bylaw Violations – Short-Term Rentals

Scenario: A unit owner is repeatedly renting their unit through Airbnb, violating the bylaws.

Resolution Considerations:

• Has a written notice of bylaw violation been issued, including specific details and deadlines?

• Has the board authorized a formal sanction letter, or is legal action required?

• Are there escalation procedures in place (e.g., warning, sanction, legal enforcement)?

Creating a Decision-Making Framework for Enforcement

Key Steps for Assessing Enforcement Scenarios

1. Review the Bylaws & CPA Regulations

   • Identify the specific bylaw or legislation that applies.

   • Ensure the board has the legal authority to enforce the provision.

     
     

2. Assess the Complexity & Risk Level

   • Low risk: Minor infractions (e.g., noise complaints, improper garbage disposal).

   • Medium risk: Recurring violations (e.g., unauthorized pet, parking disputes).

   • High risk: Legal disputes (e.g., unpaid contributions, damage to common property).

     
     

3. Determine the Appropriate Enforcement Approach

   • Education & Warning: First-time minor offenses may warrant a written warning.

   • Formal Sanction: For ongoing or severe violations, board approval is required before issuing a penalty.

   • Legal Action: If violations persist, legal measures such as placing a lien or taking legal action may be necessary.

     
     

4. Document & Communicate

   • Maintain a record of all enforcement actions and communications.

   • Ensure compliance with notice requirements (e.g., properly addressed, specific details, response deadlines).