Enforcement Process Flowchart and Tracker Tool

We all know how busy condo Boards and Managers are these days, so here are a couple of helpful tools that we’ve developed to illustrate the overall enforcement process and to help condominium corporations track their ongoing enforcement matters.

• See here for our overall enforcement process flowchart, depicting the typical process for an enforcement matter against a violating unit owner and/or resident.

• See here for an editable example of an enforcement tracker table, which Managers can use to update their Boards at monthly Board Meetings about the current status of ongoing enforcement matters at the condominium.

Of course, these tools are only up-to-date as of this article’s publication, and may not apply to every single situation that arises.  With regards to the enforcement process flowchart, the jurisdiction of the Condominium Authority Tribunal is likely to continue expanding going forward, while the judges of the Ontario Superior Court of Justice are likely to continue clawing-back the Court’s involvement in day-to-day condominium disputes.  With regards to the enforcement tracker table, not every single situation will require 3 full letters from the Manager and/or the condominium’s legal counsel; there may be certain circumstances that allow, or even call for, an abbreviated process.

We understand that a key question that often comes up in enforcement matters is whether the condominium corporation can charge back its costs of enforcement to the violating unit.  But every condominium’s situation will be different (due to each condominium’s different governing documents), so please consult your condominium’s legal counsel for specific advice.

We hope that these 2 downloadable tools provide some general assistance to condominium communities throughout Ontario.  If you have any specific inquiries, please feel free to contact our office or the author of this article at vyee@elia.org or 1-866-446-0811.

All of the information contained in this article is of a general nature for informational purposes only and is not intended to represent the definitive opinion of the firm of Elia Associates on any particular matter. Although every effort is made to ensure that the information contained in this article is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.