Condo boards have a duty to enforce
It is hard for condo boards to get it right. If they rigidly enforce
the Condo Act and the condo's Declaration, by-laws and rules, they may
be viewed as Condo Tyrants. Yet, if they ignore residents openly
violating the Act, the condo's instruments and the rules, then they are
not acting in the best interests of the corporation.
What's worse, is when the board plays favourites. The directors can
park in the Visitor Parling lot and not be ticketed but regular owners
are. The directors can get an extra locker or parking spot for free but
the residents cannot. Everyone hates hyprcates.
When an owner complains about cigarette smoke entering their unit, the
board can ignore that complaint as long as the owner doesn't know her
rights and the board's legal responsibilities. However, if she does, then she may take legal action against the board.
Legal action is much more likely if the complaint is about failure to
accommodate a disability. Making an application to the Human Rights
Tribunal is free. Defending a condo corporation and/or management
company at the tribunal is not free.
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