Neighbour Disputes Turn Nasty – Failure to maintain and enforce condo rules

July 2018

In one community the dispute started with landscaping.  Years later, after litigation and tens of thousands of dollars in legal fees, the matter was resolved.  The community was never the same.  Their bank account was depleted of about $30,000.

When condo residents go to court neighbours fight against neighbours.  Everyone in the corporation pays the legal costs.

Neighbour disputes can turn the nicest of condo communities into war zones.  Condo corporations are often embroiled in these disputes.

While the focus is often about rules enforcement, many times the real issue is one side getting the condo corporation to fund their dispute or disagreement.  The problem can often be attributed to rules that are outdated, not being enforced or  enforced in a partial manner.

Condo rules are the rules by which all residents are expected to live.  Over time, some rules may become outdated.  Condo boards or management may choose not to enforce some rules, or to selectively enforce certain rules depending on who is being affected.  When this happens conflict can ensure.  Poorly written condo rules and failure to enforce are at the core of most resident disputes in condo communities.  Working with a condo lawyer to prepare enforceable condo rules can help alleviate many problems.

Condo boards should regularly review condo rules.  Those not equally enforced for all residents should be revised and equally enforced for all or removed from documents.