Owner Dispute Resolution

Purpose

This policy aims to provide a fair and efficient process for resolving disputes between owners within the condominium community, fostering a harmonious living environment.

Scope

This policy applies to all disputes between owners residing within the condominium complex, excluding disputes between owners and the Strata Corporation, which are covered under separate bylaws.

Principles

  1. Voluntary Participation: Owners are encouraged to resolve disputes amicably and voluntarily.

  2. Confidentiality: All parties involved in the dispute resolution process must maintain confidentiality.

  3. Impartiality: The Strata Council will remain impartial throughout the process.

  4. Timeliness: Disputes will be resolved promptly and efficiently.

Dispute Resolution Process

  1. Informal Resolution:

    • Owners involved in a dispute are encouraged to communicate directly with each other to try and resolve the issue informally.

    • If informal resolution is unsuccessful, either party can request the assistance of the Strata Council.

  2. Mediation (Optional):

    • The Strata Council may suggest mediation, a voluntary process where a neutral third party facilitates communication between the disputing parties.

    • The cost of mediation, if any, will be shared equally by the parties involved.

  3. Strata Council Hearing:

    • If mediation is unsuccessful or not pursued, either party may request a formal hearing before the Strata Council.

    • Both parties will be given the opportunity to present their case, provide evidence, and call witnesses.

    • The Strata Council will make a decision based on the evidence presented and the relevant bylaws.

  4. Binding Arbitration (Final Resort):

    • If either party is dissatisfied with the Strata Council's decision, they may request binding arbitration.

    • An independent arbitrator will be appointed to review the case and make a final, binding decision.

    • The cost of arbitration will be borne by the party who initiated the arbitration, unless otherwise agreed upon.

Enforcement

  • The Strata Council will enforce the decision reached through the dispute resolution process.

  • Failure to comply with the decision may result in fines or other penalties as outlined in the bylaws.

Review

This policy will be reviewed annually by the Strata Council and updated as necessary to ensure its effectiveness.

Disclaimer: This policy is intended as a general guideline. It is not a substitute for legal advice, and owners are encouraged to seek professional counsel if needed. It's also important to note that specific regulations regarding dispute resolution may vary depending on the province or territory in Canada. Please consult your local regulations for the most accurate information.