The details of condominium law are not nearly as important as the family politics of simply getting along in a condo community. While a few Boards and owners tie themselves up in legal knots, it's actually good human relations and good behavior that will more often prevent or solve occasional problems among condo neighbours or between owners and their Board.
Most people, of course, get this right. Considering the many thousands of residential condominium corporations that exist in Alberta, much less in Canada, remarkably few issues arise. Yet those few tend to come to my attention, as the province does not provide an information office, much less an advisory service or a dispute resolution service to condo owners and corporation boards. "Let's call that guy who writes columns in the Condo Guide", must be a phrase heard around Board tables, or perhaps upstairs in the suite of the fellow who is in dispute with his Board. So my phone rings, or the e-mail beeps.
It's fascinating to hear people tell a long story of interpretations of the Condominium Property Act, of the Act's Regulations, and of their own condominium Bylaws. A few tell of legal bills, yet have no solution to show for the expense. Usually it's pretty easy to see why. They don't really have a legal problem, but rather a political one. This news can come as a revelation to those who hadn't looked up from the Act to see the very human faces in front of them.
So here are some guidelines to avoid legal bills and disputes in condominium. Yea, you may need the Act, a lawyer, or a mediator at some point. But better later, if at all; they cost money.
Rule One: Talk about it. It's amazing how many people will write letters of complaint or call their lawyer before any attempt at face-to-face communication. Assign the Board Chair or another delegate to discuss noise or whatever it is with that owner, and report back. If you're the owner who feels hounded by the Board, make an appointment to appear at the next Board meeting to state your case and to hear their preception of the issue.
Rule Two: Natural justice applies. Be fair, folks. A Board can't come down hard on owners just because a grump chairs the meetings. Even in the most modest condominium community, perhaps self-managed, the Board must take a progressive-discipline approach and let the target party have a chance to respond, to know his accuser, and to have an opportunity to change his or her ways.
Rule Three: If it's not a rule, don't enforce it. It might be common sense to you, but if you don't have "house rules" or Board policies that are posted, it's hard to enforce them. Sure there's discretion, such as for noise that disturbs other owners. But specific rules on parking lot speed limits, pets, garbage, and limits on hours of use of patios need to be in your bylaws or in rules adopted by the Board and posted for all to see.
There are times when very fundamental issues are under debate in a condominium development. But whether it's technically legal, for example, to impose an age restriction on an existing corporation's owners is much less important than that it's politically difficult and ill advised. If someone would hire a lawyer for $10,000 to pursue that, I'd rather save them half the money, charge only a $5,000 consulting fee, and earn it with two words, "Don't bother".
A condominium board has no mandate to change the nature of the community that it governs. If someone lives in apartment condo and prefers a townhouse condo, suggest that they buy one. If they live in an all-ages-allowed building but want a seniors-only building, suggest that they move. If someone bought downtown but prefers silence at all hours, they should not try to impose unreasonable standards of quiet on youthful residents. The problem may not be their lifestyle, but the choice that the complaining party made. Quiet places serving older residents are available in the suburbs, and I'll join other quiet types living at one of them very soon.
Condo boards DO have to enforce bylaws and impose standards of good behavior on those who disturb others. Courts will uphold judicious board action on behalf of owners who expect and deserve peace, quiet and safety. Each owner needs to be civil if high-density living is to succeed. When problems arise, solutions are rarely found in the Condominium Property Act, but in good communication, mature behavior, and fair dealing.
Calgary Condominium Directory
