The responsibilities of condo life
By on Jun 19, 2008
by Denise Lash
As a condominium lawyer, I spend a lot of time dealing with angry owners and frustrated property managers and board members. Part of this problem is that new condo owners have certain expectations based on their previous housing experiences.
I've reached the conclusion that there are roughly two types of condo dwellers: those who have moved from home ownership to condo ownership and renters who have become condo owners.
Why, you may ask, is this of any relevance? The reason is that condo life forces people to reside together and demands that they follow the rules of their communities. If one resident doesn't comply with the rules, it affects everyone else in the condo community. It's important to know why people act the way they do because understanding their behaviour may be the key to improving condo relations among owners.
Many issues that arise in the condo world stem from owners' unawareness of their responsibilities. It's the board of directors and property managers who have to deal with many of the problems that occur because the owners "just didn't know" about certain policies.
Former homeowners are used to the freedom of doing what they want. If they feel like placing those lovely pink flamingos on their front lawn or the huge wooden birdhouse that Uncle Earl built in their backyard, no one will stop them.
Former renters think that maintenance-free living in a condo means no responsibility whatsoever. If the tap leaks or the toilet breaks, they'll just call the superintendent or the property manager to fix it.
So you have two very different views of what
condominium living is about, and trying to get theseowners to develop a true understanding of condo
lifestyle is not an easy task.Whose responsibility is it to educate owners? I have
heard many people blame their lawyers. They claimtheir lawyer never told them that they couldn't put up
a satellite dish or have a barbecue. Should this task bethe lawyer's duty?
Or should it be the board of directors' responsibility
to inform owners? These directors are elected by
owners to look after the day-to-day operations ofthe condominium corporation with the property
management's assistance. They are also ownersthemselves who have volunteered for the position
and are not there to ensure that owners have read thecondominium documentation.
What about the property manager? He or she has
specific responsibilities outlined in the management
agreement, none of which are to educate the owners.Condominium documentation is given to buyers at
the time of purchase negotiation. Although somemight find all that material too much to absorb, it's
vital that it is thoroughly read and understood.What it really boils down to is self-education.
Unfortunately, it sometimes means that an ownerwill face the harsh reality of learning from his or her
mistakes and experiences when not complying withthe rules.
One important piece of advice---start reading now.
Denise Lash is a condominium lawyer at Heenan Blaikie LLP and can be reached at dlash@heenan.ca
