| Making the Best With What We Have From "Common Elements" May 5, 2006 |
The current Condominium Act is far from perfect; however, it represents a significant step forward from the Act that it replaced. Arguably the single biggest concern that condominium corporations have are dealing with the community based disputes. If the community is fragmented and constantly disputing, larger monetary disputes such as construction deficiency claims, first year budget claims, etc. and other “legitimate” business of the condominium may fall by the wayside. Many of us remember the “Golden Rule” taught to us by our parents and grand parents: “Do unto others as you would them to do unto you”. It has been suggested that there is a “Platinum Rule” which reads: “Do unto others as you think they expect you to do unto them”. The platinum rule does not mean giving in at every turn. Rather, it concerns looking forward and anticipating where conflict can lie. Perhaps this is the better approach to communal conflict. When a condominium corporation is forced to react, time is limited, the issues in dispute are often those raised by the opposing party, and the condominium corporation is often forced to make very difficult decisions very quickly. By being proactive (i.e. being forward looking so that conflicts are anticipated), a condominium corporation would ordinarily have time to gain a better understanding of the conflict as well as possible solutions for it. The condominium corporation can then, in a more leisurely and constructive manner, communicate matters faced by the Board to unit owners in a manner whereby unit owner questions are anticipated and answered (insofar as possible) before the conflict is allowed to escalate into a dispute.
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