CONDOMINIUM ADR

In 2001, the Condominium Act was changed significantly: the old system for summary applications to courts was replaced by Section 132 of the new Act, which effectively inserted a mandatory ADR provision into every condominium declaration in Ontario.  Under this provision, most disagreements amongst condominium developers, owners, boards and managers regarding the corporation’s declaration, bylaws and rules must be resolved cooperatively through mediation or arbitration.  The underlying idea is that a condominium is a 'community of people with common interests'[1] who are better off solving their own problems without involving the court system, thereby avoiding a process which is slow, adversarial, expensive and not possessed of an understanding of the needs or particular background of that given community.

Under Section 132, a condo corporation can still seek to enforce compliance with its declaration, bylaws and rules through normal cooperation, letters and formal notices.  What it cannot do is go directly to court for enforcement.  Section 132 mandates a three-step resolution process: (1) mediation, (2) arbitration (if mediation is unsuccessful or impossible), and (3) a compliance order from court if there is no compliance with the arbitrator’s decision.  This ADR mandate can fairly be called 'new' because many condo boards and owners are still unaware of it, even seven years after its implementation; even effective and knowledgeable boards are often uncertain about Section 132’s extent and importance.

• Which disputes must go through ADR and which do not?
• Important details on condominium mediation, including who bears the costs of mediation.
• Important details on condominium arbitration, including who bears the costs of arbitration.
• Camberwell House's Condominium ADR Services, including information sessions, bylaw design and ADR services.

Further information on the section 132 process:

• Condominium ADR: "The Basics" of Section 132 of the Condominium Act
• Condominium mediation
• Who bears the costs of mediation?
• Condominium arbitration
• Who bears the costs of arbitration?
• What should a Board or Owner do?

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Camberwell House's Condominium ADR Services:

• Camberwell House's Condominium ADR Services
• Information sessions
• Bylaw and ADR process design
• Mediations and arbitrations and dispute avoidance

Note: Camberwell House's information sheet for condo boards is available for download in PDF format here.  (Right-click and 'Save Target As' or 'Save Link As' to put the information sheet onto your hard-drive.)

[1] Miskin, Murray H. 'Give Mediation A Chance: The High Price Of Condominium Arbitration'.  The Lawyers’ Weekly, September 15, 2006, reprinted here.

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