Last year, community stakeholders, including the Association of Condominium Managers of Ontario (ACMO), the Canadian Condominium Institute (CCI), and the Community Associations Institute (CAI), called on the Ontario government to enact legislative reform and allocate more funds in order to improve the protection of all parties within condominium communities.
However, new regulations have not been implemented yet, and communities have been left to safeguard themselves against harassment and violence. This has resulted in condominium directors resigning, not running for election (or re-election), or avoiding the enforcement of rules due to safety concerns. Fortunately, successful outcomes can be achieved, if these issues are tackled strategically and preventative measures are put into place.
The Khraplyvyi case
In a recent case, Toronto Standard Condominium Corporation No. 2715 v. Khraplyvyi, a condominium found itself at the centre of a significant security challenge posed by a resident. This case highlights the inherent risks involved in maintaining a safe and harmonious living environment for all residents.
The case revolves around multiple incidents of disruptive and threatening behaviour exhibited by the son of a condominium owner over the course of a couple of years. The son’s actions included yelling and screaming at residents and staff, refusing to comply with security requests, and engaging in potentially dangerous activities such as obstructing fire safety inspections and using inappropriate language and gestures towards female residents.
These behaviours culminated in the discovery of a disturbing note in the condominium’s parking garage, which contained graphic threats of sexual violence and derogatory language towards management and other residents, in addition to images of the Russian “Z” symbol representing the military invasion of Ukraine.
Legal implications for safety
The Khraplyvyi case underscores several legal and safety implications for condominiums and property managers:
1. Compliance with the Law: condominiums must ensure that all residents comply with the Condominium Act, 1998, declarations, bylaws, and rules. This includes taking reasonable steps to address any behaviour that may cause damage, injury, or interfere with other residents’ enjoyment of their property.
2. Workplace Harassment and Violence: The case highlighted the issue of workplace harassment, particularly when residents’ actions impact workers. The Occupational Health and Safety Act defines harassment as any vexatious conduct or comments that are unwelcome. In this case, the son’s behaviour towards the management staff can only be characterized as workplace harassment and violence.
3. Financial Accountability: This ruling reinforces the principle that residents who violate condominiums’ governing documents can and should be held financially accountable for the consequences of their actions.
The cost of prevention – who is responsible?
Disputes between an owner and a condominium’s agents, individual board members or between owners themselves, certainly comes at a hefty price for the corporation’s. Whether it’s legal costs, administrative or soft costs (e.g., tracking, recording, and expending time and efforts to curb a dispute).
In response to the unwelcome actions by the unit owner’s son, TSCC 2715 was compelled to take extensive security measures. These included hiring additional security guards at a cost of over $31,000, installing more closed-circuit television (CCTV) cameras for approximately $17,000, and conducting a security assessment costing $5,400. Additionally, the condominium had to repair the door to the unit after the police forcibly entered, adding further to the expenses. In total, the corporation incurred security-related costs amounting to $54,624.30.
The court ultimately awarded the condominium the complete amount it incurred in security costs plus legal costs in the amount of $39,805.38. Meaning, in total, the respondent owner and son were jointly ordered to pay the condominium $94,429.68.
Key takeaways
This case serves as a crucial reminder of the importance of robust security measures in condominiums. Condominium boards and managers must be vigilant and proactive in identifying and mitigating risks to ensure the safety and well-being of all residents and workers. Key takeaways include:
Early Intervention: Prompt action can prevent situations from escalating. Regular monitoring and addressing minor infractions early can deter more serious violations and will generally set an expectation in the community that issues will be dealt with (i.e., residents cannot get away with this type of conduct).
Documentation and Proof: In such cases it is pivotal to document any interactions with the wrongdoer and establish clear boundaries to avoid any misunderstandings. If at all possible, avoid interacting with these individuals by phone.
Comprehensive Security Plans: Investing in comprehensive security systems, including CCTV, security personnel, and regular assessments, is essential. These measures not only enhance safety but also provide valuable evidence in case of disputes. Connect with your security and concierge service providers to carry out a comprehensive security audit or highlight the “hotspots” or “problem areas”.
Resident Education: Educating residents about the importance of security and the consequences of non-compliance can foster a cooperative community environment. Clear communication and reminders regarding the existing rules and, their legal obligations with respect to the condominium’s governing documents can help set expectations and reduce conflicts.
Policy Implementation: Complaint response and harassment policies can be implemented by condominiums in consultation with their property management service providers, legal counsel, and other professional advisers. Additionally, condominiums can look to different communities for insight and practical implementation of ideas that have worked elsewhere.
Work on Conflict Resolution Skills: All community stakeholders ought to work on improving their conflict resolution skills and learning how to de-escalate situations. This is not only true for managers, but also for directors.
Listening: often individuals simply want a chance to express their frustration or explain a situation that is causing them distress.
Remain professional: angry responses to an angry resident will not de-escalate a situation. It is important that people in these situations understand the value of remaining calm and collected.
Suggest solutions: offering to solve a problem may ease tensions.
Follow through with promises: it is vital that stakeholders stay true to their word and, when promises are made, that they are kept.
A light at the end of a tunnel
The Khraplyvyi case illustrates the complex challenges property managers face in maintaining security and order within residential communities. It also underscores that while the costs of security improvements and prevention may be significant, the price of neglecting it can be far greater. It is also worth recognizing the important role that property managers have in reducing the risk of conflicts and protecting themselves from potential harm or legal action.
By reflecting on this case, boards and property managers can learn how to take proactive steps to safeguard their properties and communities. They can also look to it as an example that wrongdoers can ultimately be held accountable, even if the journey is challenging.
Luis A. Hernandez is a condominium lawyer with Levitt Di Lella Duggan & Chaplick LLP in Toronto. He services condominiums across Ontario with all their solicitor and litigation needs. He is also a frequent speaker at industry events, and contributor to industry publications.
Ingrid Kulik, RCM, CMCP is a condominium manager with Icon Property Management Ltd., providing full-service property management services in the Greater Toronto Area.
