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Home COFSAB Forum Disputes and Resolutions Resolving improper conduct issue

  • Resolving improper conduct issue

    Posted by Cory on May 13, 2022 at 9:28 pm

    Hi, I am looking for assistance resolving an improper conduct issue with the management company of our condo.

    What is considered improper conduct in the eyes of the law

    How do you resolve an issue that I believe is with the management when you can not reach the board with a complaint. I filed a complaint with RECA but they took the managements word that they did not behave poorly verses my witnesses and evidence but I can appeal for a cost. NO CONFLICT OF INTEREST THERE.

    I feel this board and management has lost sight of what is best for the community and is looking out for their own interests. AS an owner what are my options.

    They use security cameras to monitor resident movements and enforce bylaws. I mean someone sits there and watches the cameras all day. They review the tapes each morning and then approach residents about small infringements. like sweeping snow off your car. unloading items to your security locker. I understand if something is damaged or and altercation has happened reviewing cameras to see what occurred, but this seems to be infringing on resident privacy.

    The board seems to be pushing their own agenda. The area and owners are changing to a younger demographic. There has been a few residents that were discussing a special resolution involving a gym and social room. They wanted more information and were debating the pros and cons and the cost. The board forced the vote without providing any details or budget to the residents. They then restricted owner communication on the condominium message board to only management. Owners have no way to find out if there is enough owners that object to force meeting.

    They did not notify these owners of the AGM. It has been 8 months since the special resolution vote and they just informed owners of the results and are staring construction.

    They have delayed owners from renovating their unit. There is no process in place to achieve permission in a timely matter. You just submit a form in person and wait? Communication is non existent, no answer to emails or phone calls. When management was pushed to approve the renovations, the owner was yelled and swore at by management. The owners sent a complaint to the board but there has been no response. Management is now being discriminatory towards the owner, they refused the renovation request, access to use of the elevator for moving, issued an eviction notice, refused to communicate with the owner. It is really out of hand.

    Terry replied 2 months, 4 weeks ago 3 Members · 7 Replies
  • 7 Replies
  • Brian

    Member
    May 14, 2022 at 7:19 am

    Well, this seems like quite the conundrum. Owners not being notified of an AGM? Special resolutions without notice of results?

    You began with “in the eyes of the law?”

    The key will lay in your Bylaws and the Act.

    Based on your description, there are several issues that would contravene both.

  • Terry

    Administrator
    May 14, 2022 at 8:55 am

    When you had concerns about the condominium manager, you were right to go to the Real Estate Council of Alberta (RECA).

    Some suggestions:

    – Get clear on one or two major issues.

    – document those – hard copies, pictures etc

    Service Alberta fact sheet Resolving condominium disputes provides excellent advice.

    https://open.alberta.ca/dataset/b2419f58-df91-422d-bd79-ee20cd512f77/resource/692a73b6-9d50-4ffa-823b-70930eee2ea8/download/sa-resolving-condominium-disputes-2022-05.pdf

    Remember, your condo is a DEMOCRACY. Maybe you need to start to politick and get others to support you.

  • Cory

    Member
    May 14, 2022 at 9:26 am

    I did begin with mentioning the law, I have been trying to resolve this for months. I have done all the things advised. Including trying to get on the board. I was not notified of the AGM. I started a facebook forum for owners after the board restricted the community message board. The management company send out a notice to owners discrediting it as an unofficial site. They then started a community news letter, they control. SO how to I reach other owners. I don’t live in the unit

    Court is expensive and because RECA denied my complaint based on the realtors word that she didn’t do that. I am not sure as an owner I have any right or recourse. They are trying to evict me and I have read they can take the condo from my possession.

    All I want is to do is complete my cosmetic renovations and and sell the property as the culture of it is against everything I believe in.

  • Cory

    Member
    May 14, 2022 at 9:37 am

    What issues do you see as contravening the bylaws? IS there a lawyer that will look at the situation and advise me on next steps. My lawyer is having me just go after the financial loss due to their behavior. This doesn’t resolve the improper conduct so I do not run into this issue again.

  • Terry

    Administrator
    May 14, 2022 at 9:46 am

    Resorting to the courts / lawyers is generally not recommended because:

    – costs

    – they are very slow

    – frequently no one gets what they want

    That is why we encourage mediation/arbitration.

    IF you do consult a lawyer, ensure the lawyer is a condo specialist, not a generalist.

    I did send you more info via an email.

  • Cory

    Member
    May 14, 2022 at 10:04 am

    Hi Terry I was just replying to your email. How to I set up mediation? I looked at the page but it was unclear how I contact them. I then have to get the board to agree correct. If I can’t get access to the members how do I get them to agree to mediation? I am stuck dealing with this one person and they have made it a personal issue and wont move forward.

    • Terry

      Administrator
      May 21, 2022 at 8:24 am

      First issue: ask the other party for an independent mediator. They may disagree…

      Then ask for arbitration. Again, they do not have to agree.

      If there is an agreement, look at the registry of the Alternative Dispute Resolution Institute of Alberta, which represents over 500 mediators and arbitrators in the Province. The next step would probably be for the parties to select a mediator that they agree on. An important factor is if the mediator has experience with condos.

      If the other party does not agree to mediation or arbitration, your only avenue is to consider hiring a lawyer. Sometimes a lawyer’s letter will motivate the other party to agree to mediation or arbitration. If not, given we do not have a dispute resolution tribunal in place in Alberta, your only option would be legal action, which will be costly with no guarantee that you will be successful.

      I think you have my phone number. Call if you wish to discuss this further.