Mediation/Arbitration Procedures By-Law
Posted on January 29, 2010 at 12:07 PM
Section 132 of the Condominium Act, 1998 mandates that, among other things, any dispute that arises between a condominium corporation and a unit owner with respect to the condominium corporation’s declaration, by-laws and/or rules, may be subject to mediation and/or arbitration. Unfortunately, the legislation does not provide condominium corporations with a set procedure to follow for both the mediation and arbitration process. The establishment of a procedure process has been left up to each condominium corporation to develop and pass by a by-law. If a dispute arises prior to the enactment of a Mediation/Arbitration Procedures By-law, the respective parties will be without a set procedure to follow, and they will be forced to come to some sort of agreement as to the process at that time. It is therefore highly advisable to have this procedure process in place before a dispute develops.
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Name: Joan Helwig, April 01, 2010 at 12:16 PM
Why doesn't the provincial government insist that every condo corporation have a mediation -arbitration by-law in place. Our corp.of 32 units is continually being sued by owners as going into court is the only resort.In the last 2 years the owners have been specially assessed for lawyers' fees etc.for more than $100,000.Several owners have had to sell their units due to the high assessments.Do lawyers not encourage condo boards to have a by-law ?
Name: Kathie MacCallum, March 31, 2010 at 08:16 AM
Hi,
There are 12 units in the buildin and an office on the main floor. There is also a pedway attached to the building leading to the parkade. The problem is the business owners allow their employees to use the pedway and elevator. They justify it that because they pay high fees they are entitled to use it even though they have to access private hallways. Everyone else who owns units are upset by this. It's just so unsettling and also we were all told that this was not going to happen. Any ideas what we can do to stop this. Thanks. e-mail kat111007@hotmail.com
Name: Polja Petrovic, March 08, 2010 at 11:09 PM
Can you please tell me some information about arbitration in condo law. Thank you
Name: Colm Brannigan, February 01, 2010 at 09:36 AM
This post contains excellent advice.
As a mediator/arbitrator who works in the field, I can confirm the value of such a By-law.
By setting out the process in advance, a great deal of time and money can be saved by both parties to the dispute.