How to get along: Manners outweigh condo law

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 behaviour 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 condominium corporations that exist in Alberta, not to mention in Canada, remarkably few issues arise. Yet, those few tend to come to my attention, as the province does not provide even an information office, much less an advisory service or a dispute resolution service to condo owners and corporation boards.

It’s fascinating to hear people tell a long story of interpretations of the Condominium Property Act, of the regulations, and of their own condo 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 a condominium. Yes, you may need the Act, a lawyer or a mediator at some point, but better later, if at all. They cost money.

Rule 1: 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 understanding of the issue.

Rule 2: 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 3: 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 ‘em. Sure, there’s discretion, like 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.

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