Communication Challenges Between Boards and Owners
The Condominium Property Regulation provides guidance on ensuring clear and transparent communication between boards and owners.
WHAT YOU'LL LEARN
Communication Challenges Between Boards and Owners
Resolving Communication Disputes Involving Service Providers
Critiquing Communication Strategies in Dispute Resolution
Communication Challenges Between Boards and Owners
The Condominium Property Regulation provides guidance on ensuring clear and transparent communication between boards and owners: If a corporation holds a general meeting, written notice of the meeting shall be given to all persons entitled to receive notice under this section at least 14 days before the day on which the meeting is to be held.
This requirement ensures that owners are informed about important matters, enabling them to participate in decisions that may affect their units or the condominium property. Communication challenges often arise when boards fail to adhere to such timelines or do not provide sufficient clarity in their notices.
Key Points:
Timely Notice: Boards must ensure that written notices are sent at least 14 days in advance. Failure to do so can lead to misunderstandings or disputes.
Written Communication: All notices must be in writing to provide a clear and documented record.
Overcoming Challenges:
Ensure that all written notices include the time, date, location, and purpose of the meeting.
Use language that is easy to understand, avoiding technical jargon.
Confirm that all notices are delivered to the appropriate individuals, using verifiable methods (e.g., registered mail, email with receipt confirmation).
Scenario: Communication Challenge
Scenario: A group of owners claims they were not informed about an upcoming special general meeting and raises a formal complaint to the board.
Action Plan:
Verify whether the written notice was delivered to all owners at least 14 days before the meeting.
Provide evidence of the notices sent, including delivery confirmation.
If an error occurred, issue an apology and reschedule the meeting to comply with the regulation.
Resolving Communication Disputes Involving Service Providers
The Real Estate Act Rules provides the framework for resolving disputes with service providers: A licensee must ensure that any dispute between the licensee’s client and a third party is addressed in accordance with the client’s instructions and the terms of any applicable contract.
This rule emphasizes that the condominium manager must act as a mediator between the client (the condominium corporation) and service providers, following the board’s directions and adhering to contractual obligations.
Steps to Resolve Disputes with Service Providers:
Clarify Instructions: Communicate with the board to confirm their desired outcome for resolving the dispute.
Review the Contract: Examine the terms of the service agreement to identify any clauses relevant to the dispute.
Mediate Fairly: Engage with the service provider to address the concerns raised while remaining impartial.
Document Communication: Keep a detailed record of all interactions to ensure transparency.
Scenario: Service Provider Dispute
Scenario: A landscaping contractor claims they were not paid for services rendered, but the board asserts that the work was incomplete.
Steps to Resolve:
Clarify the Board’s Position: Confirm whether the board is willing to pay the invoice, withhold payment until the work is completed, or request adjustments.
Review the Contract: Determine whether the contract specifies performance milestones or payment schedules.
Communicate with the Contractor: Inform the contractor of the board’s position and request evidence of work completion (e.g., photos, site visit).
Mediate a Resolution: Work towards a solution that satisfies both parties, such as partial payment for completed work.
Activity:
Draft a letter to a service provider, based on Rule 70(3), outlining the condominium corporation’s position regarding a dispute. Ensure your letter reflects professionalism and adherence to the terms of the contract.
Critiquing Communication Strategies in Dispute Resolution
The Condominium Property Regulation provides guidance on dispute resolution: A corporation shall make available for inspection the financial records, board meeting minutes, and other relevant documents to owners upon reasonable notice.
This transparency is essential in resolving disputes, as it allows owners to access the information they need to understand decisions made by the board. Failing to provide such transparency can escalate disputes and erode trust between the board and owners.
Critiquing Strategies for Dispute Resolution
When resolving disputes, consider the following:
Transparency: Are the relevant documents being made available to all parties involved?
Timeliness: Are disputes being addressed promptly to prevent escalation?
Communication Methods: Are the chosen communication methods (e.g., written notices, meetings) effective in addressing the dispute?
Scenario: Dispute Over Financial Decisions
Scenario: An owner accuses the board of misusing reserve funds and demands access to financial records.
Evaluation of Strategies:
Transparency: Ensure the financial records are made available for inspection within a reasonable timeframe.
Documentation: Provide a clear explanation of the financial decisions, supported by board meeting minutes.
Engagement: Offer to meet with the owner to address their concerns and explain the rationale behind the board’s decisions.
