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Resolving Condominium Disputes in Alberta

Amhurst

Conflict in condominium complexes is widespread. After all, the stakes are high. This is your home or your business in the case of commercial/ industrial condos. After more than 40 years in business, we have learned a lot about resolving condominium disputes in Alberta and the laws that govern condos. 

Effective and proactive conflict resolution is essential to maintaining a harmonious living environment, whether it’s a dispute over noise levels, pet policies, or shared expenses. Here are some strategies to manage and resolve conflicts in Alberta condos that we’ve applied for our clients over the years:

Resolving Condo Disputes

The good news is that condo owners all typically want the same thing, making it easier to find common ground. They want to:

  • Maintain or increase property values
  • To live undisturbed and free in their unit
  • To have common areas well cared for
  • To feel heard and understood by others

Because owners and residents share these values, it’s easier to empathize with another owner or resident when they have a problem.

We typically see disputes that fall into one or more of these four areas:

  • Bylaws and regulations: people aren’t following the rules;
  • Resident conduct: a resident’s actions are considered problematic;
  • Personality conflicts: residents have differing values, beliefs and priorities; or,
  • Unmanaged expectations: residents hoped for a different outcome or did not predict a current outcome and became upset.

Certain dispute resolution principles apply to all cases, no matter the issue.

But First, Some Conflict Prevention Strategies

It’s better to work to take a conflict prevention approach to save the board time and their peace of mind than to wait for conflict to arise and take reactive steps to solve it. Conflict prevention in condominiums begins with fostering open and honest communication among residents. By establishing clear and accessible channels for communication, condominium management can help prevent misunderstandings and address issues before they escalate. 

Here’s how to implement and encourage open communication in a condo community: 

  • Regular Meetings: Although most people think condo meetings are a pain, they’re one of the best ways to address complaints before they escalate into conflicts. The meetings (which can be monthly or quarterly) can be a space for residents to voice their concerns, ask questions, and stay in the loop about community issues and updates. 
  • Clear Rules and Policies: Ensure the condo’s rules and policies are clear, fair, and well-communicated. When everyone understands the community guidelines, there is less room for disputes.
  • Open Door Policy: The management and board members should adopt an open door policy, where residents can approach them with concerns or suggestions at any time. This fosters a sense of accessibility and responsiveness.
  • Surveys and Polls: Conducting regular surveys and polls to gather resident feedback on various aspects of condo living, from amenities and services to community rules, is a great way to get valuable insights into resident satisfaction and areas needing improvement to make the condominium an enjoyable place for its inhabitants and tackle potential conflicts timely.
  • Transparent Decision-Making: Involve residents in decision-making processes by soliciting their input on major decisions affecting the community. Transparency in how decisions are made and how resident feedback is considered can build trust and reduce conflicts.

Condo Dispute Resolution

In case the preventive measures fail and a dispute arises, here are our recommendations to mediate between the parties involved and solve the issue effectively while mitigating disruptions in the condo’s daily operations:

1) Facts, Then Feelings

During dispute resolution, gather all facts before gathering any opinions. For example, listen to the conflicting parties’ ideal outcome or goal and what they believe has occurred. Once each party is convinced their perspective has been heard accurately, they are more likely to remain calm and collaborative when asked to explain their opinion on the situation.

At the same time, the condo board or manager should endeavour to understand how each party feels because conflicts related to a significant investment, like a condo, can create extreme emotional reactions. Empathy can help dissolve hard feelings and facilitate compromise.

2) The Pinch/Crunch Analogy

The Pinch/Crunch model describes the importance of solving minor problems before they become big problems—that is, dealing with a pinch so it doesn’t become a crunch. 

If you address the pinch effectively, it can be resolved entirely at the moment. On the other hand, if you wait until the initial problem is compounded by resentment or hard feelings, the likelihood of successful dispute resolution drops significantly.

Condo boards can implement this model by fostering an environment where owners and tenants feel comfortable expressing their concerns early on, even if they seem minor, and by encouraging a collaborative problem-solving process, working with the parties involved to find a mutually agreeable solution to address the pinch.

3) Get Help

When condo boards are self-managed, disputes can quickly get from pinch to crunch because everyone involved has a stake in the issue, and there are no true “unbiased” parties. In this scenario, having a professional condo manager brings someone into the room who can help mediate from a position of true neutrality. Residents are more likely to feel heard and remain cooperative if there is a third party to mitigate conflict.

Professional condo managers are experts in condominium law, which can prevent conflicts involving differing interpretations of what is or isn’t allowed. A professional condo manager can also look after details board members do not, helping reduce conflict caused by stress and overwhelm.

There is bound to be conflict within a condo community at some time. After all, we don’t choose our neighbours. But there are over 8000 business and residential condo communities in Alberta for a reason. It’s very convenient to share certain burdens of ownership with others. For almost 500,000 people in Alberta, condos are the lifestyle for them.

Therefore, it’s worthwhile to become proficient at condo dispute resolution to make that lifestyle more enjoyable for everyone.

Did you know? 

Amhurst manages individual units as well as condo corporations. If you or anyone else in your condominium is looking for professional management, we would be pleased to help. Contact us at (403) 237-0477 for more information.