An owner notifies the management office about a leak or other damage in their suite which they want to get repaired.
1) If management determines that the damage is caused by the owner or is exclusively the owner’s responsibility,
MANAGEMENT RESPONSE: advise of a trade contact to make repairs. Contact with the trade and subsequent repairs are handled exclusively by the owner. Case Closed.
2) If management determines that the leak or problem originates from outside of the reporting owner’s suite,
MANAGEMENT RESPONSE: contact an appropriate trade to investigate the problem to determine whether the damage was caused by
a) something within the Corporation’s area of responsibility or
b) something originating from another owner’s suite.
MANAGEMENT RESPONSE IF a): Management proceeds with trade to complete repair to the suite and invoice is charged to appropriate Corporate account. Case Closed.
MANAGEMENT RESPONSE IF b): Management sends a letter to the owner who has caused the damage to notify them that they are responsible for the cost of repairing the damage in the reporting owner’s suite. Management proceeds with the trade to make all necessary repairs. Invoices for the repairs are billed to the Corporation and management processes the invoices as chargebacks to the owner responsible for the damage.
2b-i) If the owner responsible for the damages pays the charged back invoices,
MANAGEMENT RESPONSE: No further action required. Case Closed.
2b-ii) If the owner responsible for the damages refuses to pay the costs,
a) If it is determined that the situation is lien-able,
MANAGEMENT RESPONSE:Send a Notice of Lien letter to the responsible owner indicating that if payment is not forthcoming,the Board’s remedy is to place a lien on the property. –If payment is forthcoming,Case Closed.
- If payment is not forthcoming,implement a lien against the property.
b) If it is not a lien-able case,
MANAGEMENT RESPONSE:Initiate mediation procedure.
Mediation procedure is as follows (see next page):
MEDIATION PROCEDURE:
Mediation procedure is as set out in TSCC 1435 By-Law No. 1,Appendix “A”. A short summary of the entire procedure is as follows:
1) Unit owner &Board shall meet at least once prior to submitting dispute,within 14 days of dispute arising,to try to come to resolution. This meeting may include neutral person(s) to aid in resolution.
2) If this meeting is not held,or is not successful,either party may notify the other in writing within 5 business days that they are submitting the matter to mediation / arbitration procedure as outlined below.
3) MEDIATION: within 30 days of notice,the matter may be settled by mediation.
- Selection of mediator: both parties may provide the other with two or more selections of qualified mediator to choose from. If unable to select one,a mediator will be appointed by a founding member of the CDRC (Condominium Dispute Resolution Centre),whose decision is final.
- The mediator’s role is to assist the parties to negotiate a resolution.
- Anything discussed in mediation will be held confidential by all parties.
- Each party provides the mediator with written description of dispute at least 2 days prior to meeting.
- The parties may have lawyers present,or may seek legal advice.
- Each party must attend the initial mediation meeting,then may withdraw if so desired.
- Each party shall pay the share of mediator’s costs &expenses as determined in the settlement.
- If mediation fails,the mediator will notify each party in writing of failure to settle,and the parties shall resolve the dispute by arbitration under the Arbitration Act,1991.
- If settlement is reached,the mediator will make a written report of the settlement and provide each of the parties with a copy.