Owner Legal Remedies
What Unit Owners Can Do if Another Owner Fails to Comply
Unit owners in a condominium have the right to expect compliance with the bylaws and rules of the corporation. If another owner fails to meet their obligations, the CPA provides legal remedies, including:
Filing a Complaint with the Board: Owners can report bylaw breaches to the condominium board, which is responsible for enforcement.
Requesting a Hearing: Some corporations allow owners to present their concerns at a board meeting for resolution.
Applying for Arbitration or Mediation: Alternative dispute resolution (ADR) is often required before legal action is taken.
Court Applications: As a last resort, unit owners can apply to the court for an order enforcing bylaw compliance.
Dispute Resolution Processes: Mediation, Arbitration, and Legal Recourse
To prevent costly litigation, the CPA and many condominium corporations encourage dispute resolution through structured processes such as:
Dispute Resolution Method | Description |
Mediation | A neutral third party helps owners or the board negotiate a resolution. |
Arbitration | A legally binding decision is made by an arbitrator based on evidence presented. |
Court Application | A unit owner or board seeks a legal order for compliance. |
Mediation is often the preferred first step, as it saves costs and preserves community relationships.
Arbitration may be used when mediation fails, and the decision is binding on both parties.
Legal action should be the last resort, as it can be expensive and time-consuming.
Corporation Sanctions: Fines, Bylaw Enforcement, and Foreclosure Options
Condominium boards have several enforcement tools to deal with non-compliant owners:
Fines and Sanctions: The corporation may impose monetary penalties for ongoing violations.
Legal Costs Recovery: If an owner refuses to comply, the corporation may charge legal fees to that owner’s account.
Foreclosure and Caveats: If unpaid fees or fines accumulate, the corporation may register a caveat against the unit and eventually pursue foreclosure.
Example: If a unit owner refuses to pay condominium fees and ignores bylaw violation fines, the corporation may register a caveat under the CPA and take legal steps to recover the outstanding amounts.
Non-Compliance Resolution Plan
Task: Develop a Response Plan for a Recurring Bylaw Violation
A condominium corporation is dealing with a unit owner who repeatedly ignores the parking bylaws, causing disputes with other residents. As a condominium manager, your task is to:
Identify the enforcement steps the board can take (e.g., warning letters, fines, arbitration).
Determine legal implications if the owner continues to ignore the rules (e.g., court application, caveat placement).
Assess alternative resolution strategies (e.g., mediation, negotiation).
