Infestation

Here’s what to do now that you’ve identified your issue and reviewed your legal obligations.

An owner or occupant may not be aware that they are causing an infestation or if the infestation has spread to other units. Speaking to them directly may resolve this issue quickly.

You may also wish to write a letter to the owner or occupant if they are not complying with the infestation provisions in your condo corporation’s governing documents, identifying:

• the infestation issue they have caused or may be contributing to
• the specific provision(s) in the governing documents they have violated
• how they can resolve the issue
• the deadline as outlined in the governing documents
• the condo corporation’s next steps if the issue continues.

It may take some time to resolve the issue so you should give them a reasonable amount of time and you should keep track of your interactions with the owner or occupant in as much detail as possible, noting dates and times.

Approach this situation like any other potential violation of the condo corporation’s governing documents.

Consider sending a letter prepared by your legal counsel if there is no response from the owner or occupant.

You may also wish to hold a meeting to discuss the matter with owners and others if the infestation is affecting multiple units.

Ensure that there are provisions about infestations in the condo corporation’s declaration or rules. For example, you could restrict where or how garbage is kept to avoid attracting rodents or animals.

Contact your municipality to learn about any infestation by-laws and ensure that the condo corporation and all owners comply with them. The condo corporation can model their rules on those of the municipality so it can enforce them without relying on municipal by-law enforcement.

Further steps include mediation, arbitration or other legal action if you’ve tried the preceding steps and the issue still hasn’t been resolved.