Condominium Authority Ontario ("CAO")
How to positively address an issue with a neighbor
- If you have an issue with something that your neighbor is doing (or not doing), you can likely resolve it quickly and easily simply by talking to them. Communicating clearly with your neighbour is an effective way to resolve issues and prevent them from escalating into larger disputes.
- While talking about issues in your condo community can be stressful, there are steps that you can take to prepare for having a productive and positive discussion.
24 HOUR RULE
Before starting action take a day to organize your thoughts and action plan. You will then be taking action rationally; rather than, emotionally.
Template:
Preparing for a conversation with your neighbour
- Outlining possible points of view ahead of time will help plan a constructive conversation.
- Define the issue For example, your neighbour plays loud music at night and wakes you up
- Why is this issue important? Try to identify what it is about this issue that is important to you, and tell your neighbour
- Common interests Try to identify interests you have in common with your neighbour, and to keep these in mind when discussing the issue
- Possible Solutions Try to identify possible solutions to the issue, and describe what both you and your neighbour will do for the solution to work
Notes Before the Conversation
- Prepare in advance: Plan out what you want to say to your neighbour before you talk to them. It may be helpful to write down what you want to say so you can refer to it during your conversation.
- Define the issue: Make sure that you can clearly describe the issue, and what is causing it.
- Describe why the issue is important to you: It is often useful to discuss why the issue is important to you, rather than focusing on the problem itself. By explaining why an issue is important to you, you and your neighbour may be able to find a compromise that meets everyone’s needs.
- Consider possible solutions: Brainstorm possible solutions to the problem before talking to your neighbour. When thinking of possible solutions, try to consider your neighbour’s point of view. If you think you have identified a possible solution, make sure that you can clearly describe what everyone will have to do.
- Choose an appropriate time: Choose a time for your conversation that works well for everyone. If you or your neighbour feel rushed, you may feel flustered or overwhelmed.
During the Conversation
- Be polite and considerate.
- Avoid using accusatory language and blaming.
- Listen closely and acknowledge your neighbour’s point of view.
- If you don’t understand something your neighbour has said, ask them to clarify.
- Try to keep the conversation friendly. Remember that you and your neighbour probably have the same long-term goals, and that you may be living close to them for many years.
- Try to keep calm. Remember that this may be the first time your neighbour is hearing about this issue.
After the conversation
- Take note of what was said, and the date and time of your conversation.
- If an agreement has been reached, you may want to write it down and share a copy with your neighbour.
- Follow through with anything you commit to doing, and follow-up with your neighbour if they have committed to doing something.
- If the issue comes up again, try speaking to your neighbour again. There might be a simple misunderstanding.
Next Steps
- If you have spoken to your neighbour and the issue is still occurring, you may want to consider speaking to your condo manager or board. In many instances, your condo manager or board will speak to your neighbour on your behalf, and will try to resolve the issue.
Common issues
- In this section, you will find a variety of self-help resources that can help you address some common issues with condominium living.
- Top 10 common issues As a unit owner, you must"(also see below "Your responsibilities")
- 1. Records
- Records issues include disagreements about whether or not someone has a right to access records and/or the types and quality of records being kept.
- 2. Noise
- Noise complaints are one of the most common condo issues. In many instances, living in a condominium will mean living close to your neighbours, and sounds from one unit can travel into another unit or into the common elements.
- Noise complaints are one of the most common condo issues. In many instances, living in a condominium will mean living close to your neighbours, and sounds from one unit can travel into another unit or into the common elements.
- Examples of common noise issues include:
- i ) Neighbours playing loud music or having a party.
- ii) Noises created by pets, such as a barking dog.
- iii) Noises created by children running or screaming.
- If you suspect that your noise issue may be caused by another resident's pet, you may be dealing with a common pets issue.
- If you are having an issue with unwanted noise, you should begin tracking the dates and times that the sound is occurring. This may help identify the source or cause of the noise.
- 3. Personal property
- Generally speaking, owners and residents are usually prohibited from storing their personal property in a condominium corporation’s common elements.
- 4. Meetings
- Condos hold different types of meetings for a number of different purposes. For example, the condo’s board of directors meets regularly to discuss the business of the condo, and to make decisions affecting the community.
- 5. Odours
- Complaints about unpleasant or unwanted odours are a common condo issue. In many instances, living in a condominium will mean living close to your neighbours, and smells can sometimes travel from one unit into another unit, or into the common elements.
- 6. Issues with condo manager
- A condominium corporation’s board of directors makes decisions about the corporation on behalf of the owners. While the board is ultimately responsible for making all decisions about the corporation and its management, many boards hire someone to carry out the day-to-day operations. This person is called a condominium manager.
- 7. Pets
- Problems may arise when residents don't pick up after their pets. Noise complaints are one of the most common condo issues.
- 8. Neighbour to neighbour
- Living in a condominium community means that you may sometimes be unhappy with something one of your neighbours has done.
- 9. Rules & Resolutions
- Condominium corporations and owners must comply with a number of different requirements. These requirements are set out in a series of documents, such as the Condominium Act, 1998 (“the Act”), and its Regulations; the Declaration of the condominium corporation; the by-laws of the condominium corporation; and the Rules and Resolutions of the condominium corporation.
- 10. Short-term rentals – See Rule # 17
- Short-term rentals can sometimes lead to issues in condo communities, as people renting condos may be disruptive to other residents, and may not follow the condo rules.
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OWNER RIGHTS AND RESPONSIBILITIES
- Owning a condominium is different from owning a house because you are part of the larger condominium community. You have rights and responsibilities for your unit as well as for common areas. You must also comply with the Condominium Act and the declaration, by-laws, rules, and resolutions of your condominium.
Your rights - As a unit owner, you have the right to:
- quiet enjoyment of your unit.
- be notified in advance if the condominium needs to access your unit for a valid purpose.
- vote at owners’ meetings.
- vote for board members.
- seek election to the board.
- review your condo corporation’s records (like financial statements and meeting minutes).
- requisition an owners’ meeting.
- ask for an issue to be added to an owners’ meeting agenda.
- file specified disputes for resolution with the Condominium Authority Tribunal (CAT).
- your condo’s limit your ability to rent your unit.
YOUR RESPONSIBILITIES - As a unit owner, you must:
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CONDOMINIUM MANAGEMENT
- Managing a condominium corporation is like managing a business. Corporations must follow laws, keep records, resolve conflicts, maintain the property and follow a budget.
- Your corporation is managed by several people who work together:
- The board of directors, a volunteer group of owners elected by their fellow owners, are responsible for managing the condominium.
- Boards typically hire a condominium manager (often an employee of a condominium management company) to oversee day-to-day operations. The board regularly meets with the manager to make decisions about the property.
- A condominium corporation must work effectively to ensure its operations are efficient and well-run. Here are a few key aspects and obligations of your condo corporation:
- Repairs and maintenance As an owner, you are responsible for maintaining your own unit. The condominium corporation is responsible for maintaining common elements through day-to-day and long-term maintenance.
- Financials Your condominium corporation manages its finances by fulfilling responsibilities like:
- budgeting
- arranging contracts
- collecting common expenses fees
- having reserve fund studies undertaken
- maintaining appropriate balances in the operating and reserve funds
- arranging year-end audits
- The annual budget for a large condominium can be over $1M.
- Information Certificates Section 26.3 of the Condominium Act ,1998 (the Act) sets out the timing and the content for information certificates. These certificates help to ensure that owners receive ongoing information about their condo corporation throughout the year.
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