Living in a condominium offers many benefits, but it can also lead to conflicts between co-owners or with the board of directors. These disputes can arise from various issues, such as noise disturbances, rule violations, or disagreements about property management.
In this article, we will walk you through the different types of condominium disputes and the steps to resolve them, from amicable solutions to legal remedies.
Identifying the nature of the dispute
Before seeking a resolution, it’s essential to fully understand the nature of the conflict. In a condominium, disputes generally fall into three main categories:
-
Disputes between co-owners
-
Disputes between the board of directors and a co-owner
-
Disputes between co-owners and the board of directors
While the steps to resolve these conflicts may be similar, it’s important to understand the specifics of each situation to follow the most appropriate procedure.
Disputes between co-owners
Conflicts between co-owners are among the most common in condominiums. Given the proximity of residences and shared common spaces, disagreements are inevitable.
Noise disturbances are a typical example of conflict, as they can disrupt the peace and well-being of co-owners. These disturbances may take various forms, such as loud music, ongoing construction work, or even animal noises, like a dog barking excessively.
Other conflicts can arise when a co-owner leaves bulky items in shared areas or uses common spaces for personal purposes without the agreement of others. Such behaviour can quickly escalate tensions and disrupt the harmony of the condominium.
That’s why it’s crucial to address conflicts between co-owners promptly. Let’s explore how to proceed.
1. Communication to defuse the conflict
Communication between co-owners is often one of the most effective ways to resolve a dispute. Engaging in respectful and open dialogue allows the concerned parties to clarify misunderstandings and find amicable solutions. This approach not only helps resolve differences quickly but also strengthens neighbourhood relationships and prevents future conflicts.
2. Intervention by the board of directors to ensure compliance with the rule
When discussions between co-owners fail to resolve a dispute, the board of directors can step in to remind them of the rules outlined in the condominium declaration.
This document, provided to each co-owner when purchasing their unit, defines the rights and obligations of all owners, governs the management of financial charges, and specifies the use of private and common areas. It is essential for each owner to adhere to these rules to maintain good relationships and ensure the proper functioning of the condominium.
3. Mediation to find common ground
When resolving a conflict amicably seems challenging, mediation can be a helpful option. However, it’s important to note that mediation is a voluntary process and cannot proceed without the consent of both parties involved in the dispute.
The goal of mediation is to reach a compromise in a cooperative rather than confrontational environment, with the assistance of an impartial mediator. The mediator facilitates communication, allowing each party to better understand the other’s concerns, express their expectations clearly, and explore potential solutions.
Mediation can help resolve conflicts in a quicker, more amicable, and cost-effective manner than more formal solutions, like legal action. However, if mediation fails or if one of the parties refuses to participate, it may be necessary to escalate the situation.
4. Calling a general assembly to resolve the dispute
In such cases, a general assembly of co-owners may be called to discuss the dispute and make a collective decision on how to address it. This is an important step where each co-owner has the opportunity to speak, share their perspective, and exchange ideas on possible solutions.
Together, the co-owners can decide on the actions to take to resolve the issue, whether through concrete measures or by adopting a sanction. This collective approach ensures that the decisions made respect the interests of the entire condominium.
5. The formal notice as a final warning
The next step typically involves sending a formal notice. This is an official letter, sent via registered mail, requesting the other party to comply with the obligations set out in the condominium declaration or cease a harmful action.
This step formalizes the dispute resolution request and serves as a final warning before more serious measures are taken. It also demonstrates the good faith of the parties involved and serves as useful evidence if legal action becomes necessary.
6. The judicial procedure as the final solution
If the formal notice does not resolve the issue and the conflict persists, the final step to resolve a dispute between co-owners is judicial proceedings. Depending on the nature of the dispute, legal action may be required to formally settle the conflict. While the judicial process can be lengthy and costly, it provides a definitive and legal resolution to the issue.
Disputes between the board of directors and a co-owner
Occasionally, the board of directors may face issues with a co-owner, often due to non-payment of condominium fees or behaviours that violate the rules. In such situations, the board must follow a precise procedure to resolve the dispute. Let’s examine the steps to follow.
1. Informal reminder for a quick resolution of the conflict
The board of directors usually begins by initiating informal contact with the co-owner, either through a memo or direct discussion, to remind them of their obligations. This approach often resolves the issue without requiring further formal action.
2. Recourse to a mediator to find an agreement
Mediation has become a preferred method for resolving conflicts between the board and a co-owner. It allows the parties involved to express their concerns in a neutral setting, with the help of an impartial mediator. Even if mediation doesn’t fully resolve the dispute, it often helps ease tensions and opens the door to further solutions.
3. General assembly to analyze the situation
If the board and the co-owner cannot reach an agreement, the board can call a general assembly. During this meeting, co-owners will discuss the issue and decide on the necessary measures. These measures may include sanctions against the offending co-owner or other actions to remedy the situation.
4. The formal notice to require immediate action
If the issue persists, the board of directors will send a formal notice to the concerned co-owner via registered mail. This letter demands that the co-owner take action to resolve the problem.
For example, in the case of non-payment of condominium fees, the formal notice will specify the amount due, the deadline for payment, and the consequences of failing to pay.
5. Legal recourse to obtain a legal solution
As a last resort, the board may need to initiate legal proceedings against the co-owner. For non-payment of condominium fees, this could include a lawsuit to recover the amounts owed, and in some cases, even a procedure to evict the co-owner.
Disputes between co-owners and the board of directors
Sometimes, co-owners may encounter issues with the board of directors, such as the board failing to fulfill its legal obligations, lacking financial transparency, or not implementing decisions made during general assemblies.
If co-owners find themselves in disputes with the board, here are the steps they should take to resolve the problem.
1. Request for rectification to resolve the issue amicably
Co-owners can start by submitting a formal request to the board of directors, asking for clarification or to correct an error. They can also remind the board of its legal obligations in managing the condominium.
As the board is elected by the co-owners’ syndicate, it is required to act in accordance with the Civil Code of Quebec and the condominium declaration. Any violation of these obligations can have serious consequences.
2. Mediation to find appropriate solutions
If the rectification request is not respected, mediation becomes an option to consider before taking more formal action. Mediation can help defuse tensions, clarify misunderstandings and find a common ground, preventing prolonged and costly conflicts.
3. General assembly as a collective action
If mediation does not resolve the issue, co-owners can call a general assembly to discuss the situation collectively, ask for explanations from the board of directors, and, if necessary, vote on measures to address the dispute.
4. Legal action to enforce legal obligations
As a last resort, co-owners may decide to take legal action against the board of directors. Depending on the seriousness and nature of the dispute, legal action may be necessary to compel the board to fulfill its legal obligations.
In legal proceedings, co-owners can request the modification of a decision made by the board, file a financial claim, seek compensation for damages, or even demand the resignation of board members.
FAQ on condominium disputes
How to resolve a condominium dispute?
Regardless of the type of dispute, it’s recommended to start with communication and amicable negotiation. If these steps don’t lead to a resolution, mediation can be sought or a general assembly can be called with all co-owners. If no solution is reached, legal action may then be considered.
Which court is competent to handle a condominium dispute?
The competent court depends on the nature of the dispute. Small claims can be brought before the Small Claims Division of the Court of Quebec, while more complex disputes are generally handled by the Quebec Court of Appeal or the Superior Court of Quebec.
Which specialized lawyer should I choose for a condominium dispute?
It’s advisable to consult a lawyer specializing in real estate law or condominium law, depending on the specific nature of your dispute.
What types of faults can lead co-owners to take action against the board of directors?
Faults that may lead co-owners to take action against the board of directors include poor financial management, lack of transparency in condominium management, fraudulent practices, failure to maintain the building and non-compliance with condominium rules or decisions made during a general assembly.
Are you looking to purchase a condo?
XpertSource.com can help you find a real estate broker. When you tell us about your project, we put you in touch with qualified resources for free. Simply fill out our form (it only takes a few minutes) and we will connect you with professionals.
