Serving on a strata or condo council is a thankless job. You volunteer your time to maintain your community’s value and harmony, but often find yourself in the middle of heated disputes between neighbors. A barking dog, a parking spot squabble, or a late-night party can quickly escalate.
This guide is for strata and condominium council members across Canada who are looking for practical, effective ways to handle difficult owners and neighbors. By following proper procedures and fostering a sense of community, you can address issues confidently and maintain a peaceful living environment for everyone.
Understanding Your Role & Authority
Before you can effectively manage disputes, you must first understand the scope of your council’s power. Your authority isn’t unlimited; it’s defined by provincial legislation, such as British Columbia’s Strata Property Act or Ontario’s Condominium Act, as well as your community’s specific bylaws and rules.
These legal frameworks grant councils the power to enforce bylaws, issue fines, and even place liens on properties for unpaid penalties. However, it’s crucial to distinguish between bylaw infractions and criminal matters. A noisy party is a bylaw issue your council can address. A physical altercation or threat of violence is a criminal matter that requires immediate police intervention. Your role is to manage community governance, not to act as law enforcement.
Knowing when to involve your property manager is also key. A good property manager acts as an advisor and an agent for the council. They can handle day-to-day administrative tasks, issue formal notices, and provide guidance based on their experience. However, the final decision-making authority rests with the council. For complex or persistent issues, the council should lead the strategy while delegating specific actions to the property manager.
Recommended Resource: Handling Disputes & the Role of the Civil Resolution Tribunal (CRT)
Making Sure Rules are Clear & Communicated
Many disputes arise from simple misunderstandings. An owner might not realize their balcony storage violates a bylaw, or a new tenant may be unaware of the rules around guest parking. Proactive and clear communication is one of the most effective tools for preventing conflicts.
Your community’s bylaws and rules should be easily accessible to all residents. Consider distributing a welcome package to new owners and tenants that includes a summary of key rules, contact information for the council and property manager, and procedures for reporting issues.
Regular communication through newsletters, emails, or a community portal can also reinforce expectations. When a new rule is passed or an old one is updated, don’t just post it on a bulletin board. Send out a dedicated announcement explaining the change and the reasoning behind it. The more informed your residents are, the more likely they are to comply.
With a solid understanding of your authority and clear communication channels in place, you can now turn your attention to resolving specific disputes.
Different Kinds of Disputes
Conflicts in a strata or condo setting can take many forms. Some are minor annoyances, while others can seriously disrupt community life. Here are some common types of disputes and initial tips for approaching them:
Noise Complaints
This is one of the most frequent issues. It can range from loud music and parties to barking dogs or children running in hallways. The key is to determine if the noise is a one-time occurrence or a persistent pattern.
Nuisance Behavior
This is a broad category that includes anything that unreasonably interferes with another resident’s use and enjoyment of their property. Examples include strong odours (like smoke or cooking smells), messy balconies, or intrusive security cameras.
Bylaw Violations
These are clear-cut breaches of your community’s rules. Common violations involve unauthorized renovations, improper garbage disposal, pet infractions (like off-leash dogs), and parking violations.
Harassment
This is a serious issue that involves targeted, repetitive behavior intended to intimidate or distress another resident. It can include verbal abuse, threatening notes, or aggressive confrontations. Harassment complaints must be handled swiftly and with extreme care, as they can have legal consequences.
When a complaint is filed, your initial approach should be calm and fact-based. Avoid taking sides and focus on gathering information from all parties involved. A measured response can de-escalate tensions and set the stage for a fair resolution.
Steps to Handling Difficult Owners or Neighbors
A structured process ensures that all complaints are handled consistently, fairly, and legally. A standardized approach protects the council from accusations of bias and provides a clear path toward resolution.
Initial Review
When a complaint comes in, the first step is to review it objectively. Does it fall under the council’s jurisdiction? Is it a bylaw infraction or a personal dispute between neighbours? Ensure the complaint is submitted in writing, as this creates a formal record. Verbal complaints are difficult to track and act upon.
Assessment
Once you’ve confirmed the complaint is valid, assess its severity. A one-time noise complaint from a Friday night party is different from a daily, hours-long disturbance. Check the records. Is this the first complaint against this owner, or is there a history of similar issues? This context will help you decide on the appropriate response.
Develop and Use Strategic Response Protocols
Having pre-established protocols is essential. These protocols should outline the steps for different types of violations.
For example:
- For a first-time, minor infraction: A friendly, informal warning letter or email may be sufficient.
- For a repeat infraction, send a formal letter detailing the bylaw violation, referencing previous warnings, and stating potential consequences (like fines) is necessary.
- Lastly, for a serious violation, immediate action may be required, such as consulting with legal counsel.
Escalation Procedures
If initial warnings are ignored, the council must escalate the matter. This is where documentation becomes critical. Every email, letter, and conversation should be logged.
- Formal Hearings and Due Process: Before issuing a fine, most provincial laws require the council to give the owner an opportunity to be heard. This means sending a formal notice of a hearing where they can present their side of the story. This process ensures due process and is a legal prerequisite for imposing penalties.
- Fines and Penalties: If the council determines a bylaw was breached after the hearing, it can levy fines as stipulated in the bylaws. In British Columbia, for instance, the Strata Property Act allows strata corporations to fine residents for bylaw contraventions. It’s crucial that your fine amounts are compliant with provincial regulations.
- Working with Legal Counsel: If fines are ineffective and the behaviour continues, it may be time to involve a lawyer. Legal counsel can issue cease-and-desist letters, advise on taking the matter to court or a tribunal (like the Civil Resolution Tribunal in B.C.), and ensure the council is acting within its legal rights.
Alternative Dispute Resolution
Legal action should be a last resort. Alternative Dispute Resolution (ADR) can often resolve conflicts more amicably and cost-effectively.
- Mediation Services: A neutral third-party mediator can help facilitate a conversation between the disputing parties. The mediator doesn’t make a decision but helps the parties find a mutually acceptable solution. This is often effective for interpersonal conflicts that have escalated.
- Community Resolution Programs: Some communities establish informal resolution committees or use restorative justice principles to solve problems. This can be particularly useful for disputes between neighbours where a repaired relationship is the best outcome.
- When Compromise is Appropriate: Not every issue has a clear winner and loser. Sometimes, a reasonable compromise is the best path forward. For example, if a resident’s music is bothering a neighbor, perhaps they can agree on specific “quiet hours.”
Specific Scenarios and Solutions
Let’s apply these steps to common situations in British Columbia.
Noise and Nuisance Issues
Here is an example. A resident complains about a neighbor’s dog barking constantly. First, check your bylaws regarding pets and noise. Then, send a notice to the dog owner, informing them of the complaint and reminding them of the rules.
If the barking continues, you might need to investigate further. Does the municipal animal control bylaw define nuisance barking? In Vancouver, for example, a dog barking in a way that unreasonably disturbs others can be a violation. The council could work with the complainant to gather evidence (like a noise log) and then issue a formal warning or fine. Remember to also consider reasonable accommodation; if the owner has a disability and the dog is an assistance animal, the approach will need to be more nuanced and may require legal advice.
Other real-life examples of noise and nuisance issues:
- Upstairs, downstairs: condo owner sues both neighbors over noise
- The Case Of The Neglected Noise Complaints
- Haunted by humming, B.C. man resorts to court to fight irritating noise
- Condominiums – Noise and Vibration. A Nuisance
Bylaw Violations
An owner undertakes a kitchen renovation without council approval, a common issue in B.C. stratas. This is a clear bylaw violation. The council should immediately send a letter demanding that work stop until an alteration agreement is submitted and approved.
If the owner refuses, the council can issue fines for each day the bylaw is contravened. For repeat offenders who consistently violate bylaws (e.g., parking in visitor spots), a protocol could involve escalating fines, towing their vehicle at their expense (if bylaws permit), or eventually seeking a court order to compel compliance. The key is consistent enforcement; if you let one violation slide, others will follow.
Prevention and Community Building
The best way to handle difficult owners is to prevent them from becoming “difficult” in the first place. A strong, positive community is less likely to suffer from chronic disputes.
Clear Communication of Rules
As mentioned earlier, make sure everyone knows the rules from day one. An informed resident is a compliant resident.
We also recommend developing a comprehensive onboarding process for new residents, including an orientation packet that outlines community rules, contact information for key individuals, and an overview of community events and amenities. A warm welcome sets the tone for a positive relationship.
Regular Community Meetings
Regular community meetings go beyond just fulfilling a procedural requirement like an Annual General Meeting. They provide opportunities for ongoing conversations between residents and council members, allowing issues to be addressed before they escalate into larger conflicts.
By maintaining a platform for consistent interaction, the community can quickly adapt to emerging challenges and implement solutions collaboratively.
Building Positive Relationships
Organize community events like a summer BBQ or a holiday gathering. When neighbors know each other as people, not just as the person in Unit 204, they are more likely to resolve minor issues respectfully among themselves.
Education and Awareness
Use your newsletter or website to educate residents on topics like fire safety, water conservation, or the importance of carrying adequate insurance. An educated community is an engaged community.
Your Path to a Harmonious Community
Managing difficult residents is one of the toughest parts of being on a strata or condo council. It requires a delicate balance of empathy, firmness, and strict adherence to legal procedures. By understanding your authority, establishing clear protocols, and prioritizing communication, you can address conflicts effectively and fairly.
Remember that documentation is your best friend, and early intervention can prevent small problems from becoming major crises. While it’s important to enforce the rules consistently, building a sense of community is an equally powerful tool for fostering harmony. By taking a proactive and structured approach, you can navigate these challenges and help make your community a better place to live for everyone.