October 2020
Condominium managers can be the target of retribution by residents upset when condo regulations are upheld. Condominium managers, security staff and other employees of the corporation should all be protected against unwarranted accusations.
An owner failing to pay condo fees on time may claim the manager was rude or otherwise inappropriate. A resident, asked to produce identification when attempting to retrieve a package from the concierge desk, may have felt they were treated badly. And a resident dissatisfied about how their building is being maintained may take out their frustration on cleaning staff or landscaping contractors.
When a condo resident’s hands are not clean; that is, when they have failed to abide by the condo governing documents in some manner, complaints by them about a condominium manager, security or concierge, or other condominium corporation employees or vendors are suspect. Benefit of doubt should be in favour of the employee, vendor or contractor doing their job. This is not unlike an owner in default of paying condo fees not being allowed voting rights within the condominium corporation. What they have done is lost their right to voice an opinion or preference.
Conflicts can arise when condominium managers and staff fail to deal with residents in a respectful and responsible manner.
“The manager’s contractual duty is to uphold compliance of the declaration, rules and regulations …and to enforce it as prescribed”
The above quote from an article in Condominium Manager is a perspective of condominium management that can conflict with reality. A condominium building is home to hundreds of people. The duties of any condominium manager, while certainly comprising the above, differ from those of a property manager and should recognize the property they manage as home to a large number of people. Any condominium manager limiting their duties to this legal compliance will fail. There must be an ability to deal with building residents in a respectful manner without conflict or confrontation. There are many duties required to make a building home that go beyond contractual and legal obligations. Condominium managers failing to incorporate all of this in their mindset will, or should, quickly be replaced.
While it is now easy to record any personal conversation, it is improper to do so without first requesting permission. Such recordings, particularly when coming from a resident or owner in violation of governing documents, are an act that can be considered harassment. Use of such a recording can place a condominium corporation in a precarious legal situation. Anyone recording such a conversation may be held legally responsible for all costs arising from this action.
Condo corporations are challenged to balance the obligations of managing both a residential home and business. Both residents and employees are to be protected against abuse and undocumented allegations.
