Condominium Disputes in Ontario: Where to Take Them
Living in a condominium means sharing rules, costs and space. When a dispute arises over records, pets, parking, noise or fees, there are several places it can go, and picking the right one saves time and money.
- The Condominium Authority Tribunal (CAT) handles certain disputes online, including access to records and certain issues like pets, vehicles, parking, storage and nuisances.
- Disagreements between owners and the corporation about the declaration, by-laws and rules can require mediation and arbitration first.
- Money claims may go to Small Claims Court, and larger or more complex matters to the Superior Court.
- Read your declaration, by-laws and rules first, because they decide a lot.
Know the documents
- The declaration and description: the condominium's core governing documents.
- The by-laws and rules, which cover everyday matters such as pets, parking, noise and moves.
- The Condominium Act, 1998, which sets what the board and owners must do.
- Your own records: letters, emails and notices to and from management.
Getting records
Owners have a right to see many corporation records, such as financial statements, minutes of board meetings and certain contracts, subject to limits like privacy. If the corporation refuses, the CAT is the first place to take that dispute.
Where disputes go
- Condominium Authority Tribunal: a low-cost online process for the matters within its authority, such as records, and certain disputes about pets, vehicles, parking and storage and some nuisance issues.
- Mediation and arbitration: for many disagreements between owners and the corporation about the declaration, by-laws and rules, the Act sets out these steps before going to court.
- Small Claims Court: for money claims up to the limit, for example a damage claim between owners.
- Superior Court: for larger claims, compliance orders, oppression applications and complex cases.
Steps before you file
- Write to the property manager or board explaining the problem and what you want done.
- Keep a log of incidents, with dates, photos, and who you spoke to.
- Check the declaration, by-laws and rules for what applies to your situation.
- Consider speaking with the board at a meeting, or asking for mediation.
- Check the time limits and the process of the forum you are likely to use.
Common issues
- Unpaid common expenses and liens, and disputes about special assessments.
- Noise, smoke and odour complaints.
- Renovations that were not approved, or damage between units.
- Pets and other rule breaches.
- Board decisions that seem unfair or secretive.
Common questions
Can the condo corporation fine me?
Corporations can enforce rules, which can include costs of compliance and, in some cases, charges set in the declaration. They cannot simply invent penalties that the documents do not allow.
Do I need a lawyer?
Not for the CAT. For arbitration and court proceedings, representation rules vary, so check before you decide.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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