Sunday, March 20, 2011

Resolving the Residential Condo Property Disputes by Ravinder Tulsiani

There are basically four ways in which you can come over from the property disputes. These are:


Litigation – This is the last resort of fight the property related dispute, where a case is filed in the court against the erring condominium corporation or council. The court then takes appropriate action on hearing the complaint. There are challenges in the entire litigation process. The litigation process is time consuming, expensive and many-a-times very uncertain, as to what will be the possible results. In case you are stuck between choosing litigation or arbitration as the solution for the dispute, then I would say that you should consult a condominium law specialist. Don’t be in haste, as you have to face dire consequences in the later stage.

Arbitration – Most provinces condominium legislations have certain procedures set aside for the arbitration process. The disputes that come under the arbitration largely includes, fines put in case of breach of bylaws or rules and regulations; disputes related to contributions related to expenses shared by those living in the condominiums; damage caused to common elements, amenities etc.

Under the arbitration process, it is necessary that parties agree to a single arbitrator. However, there are provisions available where each party selects an individual arbitrator, and the two arbitrators are presided over by a third arbitrator, who is a chairperson. Further, the arbitrators should have been the owner and occupier of a condominium unit in some another condominium development for at least a year. The arbitrator should not be a member of Condominium Corporation, who is involved in the arbitration. The arbitrators make just and a balanced decision, which is also considered the final decision by the court of law. Remember, the procedures in different provincial condominium legislations are different.

Mediation – Here the complaint is lodged to the condominium council of respective province in order to show that the other owner has bylaws, rules and regulations.

Negotiation – In this method, a direct, one-to-one conversation is carried out between two persons in order to get over the dispute. Just breaking your personal hindrances and doing the things in a better way, is just needed.

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