Conflict resolution can cost money. Sometimes lots of it. Learn how to be smarter with your financial outlay.
A simple truth about addressing conflict is that it can be expensive.
Plenty of examples can be found in case law to evidence this. Whether it is the cost of “lawyering up” or the unfortunate financial consequences for everyone when self-represented unit owners apply misdirected, homemade interpretations of the law, there does not appear to be a cheap way of proceeding to court, even if you win. Being right at law and recovering the cost of the journey to prove it are two entirely different things.
That said, there is a long road between an issue arising for discussion at a board meeting and a judge deciding how much of what you have spent on it you might be allowed to try to recover. The approach, tone of communications and overall strategy for addressing the issues that naturally and inevitably arise in the condominium setting all impact how much you will ultimately spend and the likelihood that you will need to try to recover substantial costs.
Penny Wise, Pound Foolish
Condominium communities are increasingly being encouraged to proactively address emerging issues in the early stages. Unfortunately, some boards focus too much on the cost involved in those early steps and shoot themselves in the foot by altering their underlying purpose to chase nickels and dimes.
Consider an attempt to amicably address an issue similar to preventative maintenance, where you invest a little bit now to avoid a larger cost later. When it comes to condominium conflict management, that cost is not just financial, but an investment into a tone of communication and strategic approach to promote good community relations. Including in an initial, friendly attempt to address an emerging issue a request to be reimbursed a couple of hundred dollars contradicts the spirit of the approach and all too often leads to thousands of dollars being spent, which are ultimately not going to be recoverable in the long run.
Document, Document, File Away
Lawyers will tell you to document, document, document an issue, because keeping good records is important – particularly if you need to prove your position to a judge. Unfortunately, in our increasingly litigious society, such records are often brought out far too early and serve only to escalate issues. Save your detailed records for if they are truly needed.
The principles of mediation and similar conciliatory approaches are not to determine who is right and who is wrong, but instead focused on how a situation can be improved for everyone impacted – including others in the community who are not directly involved in the matter. Bringing out an incident log or witness testimony when there is not a judge or arbitrator present to make a ruling often only guarantees that a judge or arbitrator will be needed to address an issue – at increased cost to all involved.
Take Off the Tie, Unbutton the Top Button of Your Shirt
Put yourself in the shoes of a condominium resident just learning that noise complaints are being made about them.
Imagine learning about the issue by receiving a cold letter in the mail that cites several incidents, implies many of your neighbours do not like you, and states that you simply cannot continue living your life as you have. Then consider learning about the issue through a casual conversation that contains no threats or bully-like promises of consequences. The discussion ends on a positive note where you are ensured that there is desire for you to live happily in the community and that a letter will follow to confirm the conversation, and the joint efforts that will be made moving forward to help everyone do so comfortably. Do you think that your reaction to the two approaches would differ?
Many property managers and lawyers have template cease and desist letters to address the common types of issues that emerge in condominium communities. The issuance of such letters should not be the first communication sent in attempting to address an emerging issue if your aim is to hold onto your money, even if the letter calls for money to be sent your way by the recipient. Sometimes, it can be tempting to send them because of time constraints or because a systematic approach to every situation can seem easier; however, putting in some time upfront to consistently ensure that emerging issues are clearly understood and to encourage everyone involved to work together to try to improve a situation can draw out information and options that would not have been considered and which can ultimately save everyone money.
When it comes to condominium conflict management, the cost consideration is not simply how much you spend. The consideration should include how much you save. You cannot put a dollar value on community harmony.
Marc Bhalla is a leading mediator in Ontario’s condominium community. He holds the Chartered Mediator (C.Med) designation of the ADR Institute of Canada, heads Elia Associates’ CONDOMEDIATORS.ca team and manages MarcOnMediation.ca, a website focused upon his semi-annual newsletter. Marc’s mediation practice concentrates upon condominium conflict management.
