Arbitration by-law

It is very helpful if your condominium has an arbitration by-law as the procedures are in place. This will save a lot of time and expense.

Here is what one set of by-laws states.
Within 30 days of receiving the mediator’s notice that mediation failed, any of the parties to the dispute can request arbitration.
There will be a single arbitrator.
The notice will include the name of a suggested arbitrator.
The other party of the dispute has seven days to propose the name of a different arbitrator.
If the two sides cannot agree on an arbitrator, either side can ask the court to appoint an arbitrator.
The arbitrator will set up a preliminary meeting to determine procedural matters within 30 days of being appointed.
The arbitrator will determine who will pay what expenses, including legal bills, for the costs related to the arbitration.
The arbitrator may want a deposit paid from time to time and the parties will share any such requests equally.
If the condo corporation pays the owner’s share of the arbitrator’s deposits, the corporation can apply those costs to the owner’s common element fees.
The arbitrator will give an award, with written reasons, within 30 days after the hearing.

This by-law is pretty straight forward and seems fair to both parties.

I am sure you can see why an owner needs an experienced condominium lawyer to help him or her navigate their way through this process.

Although the arbitration process is not formal and like small claims court, representation by a lawyer is not required, it would be wise to hire an experienced condominium lawyer.

If money is a constraint, at the very least, pay an experienced condominium lawyer for a few hours of advice so you will be able to present your case as well as possible.

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