Many condominium disputes can be resolved a lot sooner and for much less money if unit owners simply respond to enforcement letters from their condo manager or board.
It is never a good idea for a unit owner to ignore a letter, even if the complaint is ill-founded, the matter is trivial or the alleged rule violation is unfair. Condo managers and boards have a duty to enforce condominium rules, respond to complaints and persist until the matter is resolved. A unit owner that does not respond to a letter may be summoned to a mediation hearing and asked to reimburse the legal expenses incurred by the board while trying to obtain compliance.
“Many governing documents enable condominium corporations to recoup any costs related to enforcement from a unit owner,” says Ashley Shaffer, a lawyer with the condominium law firm, Fine & Deo LLP. “The more letters that need to be written, and the (longer) the enforcement process (takes) to achieve a meaningful resolution, the higher the costs will be.”
For this reason, a unit owner that receives an enforcement letter from their board should follow these five steps.
1. Acknowledge receipt
Respond in writing. If the complaint is based on a misunderstanding or false information, explain. If the complaint is legitimate, the unit owner should explain how it intends to address it.
2. Reply promptly
It is essential to respond to an enforcement letter as soon as it is received. However, if the letter is upsetting, wait to calmly reply and ask a friend or family member to review the letter before sending it.
3. Document communications
If the unit owner discusses the letter with the condo manager or a board member, the conversation should be documented. Summarize the main points of the discussion in writing and then send a copy to the condo manager or board member. As well, provide the other party with an opportunity to add to the letter or correct any errors within it.
4. Maintain a paper trail
Keep copies of all letters and e-mails about the issue. If the matter goes further – say, to arbitration – it is important to have some record of communication. Memories fade and condo managers can be moved to other properties. Above all, the unit owner will want to be able to show an arbitrator or judge that it acted responsibly and took reasonable steps to resolve the conflict.
5. Get legal advice
This is especially important if the matter is not resolved following the written reply to the initial letter. It is important to seek advice from a lawyer who has experience with condominium matters. Paying for good advice early in the process can save a lot of money later on, should the conflict not resolve easily.
Jeanette Bicknell is a mediator with the Sadowski Resolutions Group. She can be reached at jbicknell@srgllp.com.
