harassment

Harassment against condo managers on the rise

Wednesday, October 4, 2023

Condo managers in Ontario are experiencing escalating incidents of workplace harassment and abuse from board directors and condo owners. The Association of Condominium Managers of Ontario (ACMO) sounded the alarm this week in the wake of a critical labour shortage ripping through the condo industry.

Likely contributing to this trend are more people working from home, more individuals moving into condos because of economic pressures, and the housing shortage.  “Many of these new condo owners may not be familiar with the intricacies of condominium living, leading to unrealistic expectations and demands put on condominium managers,” ACMO states. “These individuals often expect the same level of autonomy as living in a single-family dwelling, which can lead to conflicts over shared living spaces and community rules.”

Skilled managers are choosing to leave the profession because of the “relentless pressure and lack of support,” as they endure sustained abuse, hostility and stress. The Condominium Management Regulatory Authority of Ontario (CMRAO) reported that 124 managers (nearly 5 per cent of all general licensees), chose not to renew their licences as of March 31, 2023, a 107 per cent increase over 2022.

“The influx of new owners who are unaccustomed to the condominium lifestyle has created a challenging environment for condominium managers,” said Eric Plant, RCM, director at Brilliant Property Management Inc. and president of ACMO, “This has led to an increase in disputes and tensions between managers, boards of directors, and residents, contributing to an unsustainable level of stress for these professionals.”

Widespread misunderstanding about the specific role condo managers play in their communities has existed for a long time now. “Managers do not have decision-making power over policy development, financial decisions, or major property alterations,” ACMO states. “These areas fall under the purview of the condominium’s board of directors. Contrary to popular belief, condominium managers do not wield unlimited power within their positions – they are tasked with implementing decisions made by the board of directors, acting as intermediaries between the board and the owners while following current legislation (i.e. Condominium Act, 1998; Condominium Management Services Act, 2015).”

What managers are expected to do is serve the condo board and operate within the terms of the management agreement between the board and the management firm the board hired. They play an essential role in ensuring the efficient operation of a condominium complex, managing day-to-day tasks such as overseeing maintenance, repairs, financial administration, and resident communications.

There is also a lack of understanding regarding the scope of a condominium manager’s authority, condo by-laws, rules, and lifestyle has fueled unrealistic expectations, setting the stage for clashes between managers and owners.

Some disgruntled owners have reportedly resorted to filing frivolous, unfounded, or vindictive complaints with the CMRAO, adding more stress to managers in responding to accusations and defending their position and diverting attention away from addressing legitimate concerns.

Threatening to report a manager to the CMRAO has become a common tactic used by directors and owners to manipulate managers, creating an atmosphere of distrust and further straining the relationship between condominium managers, boards and owners.

“It’s not unusual to hear an owner or director try to bully a manager with words like ‘You better listen to me and do what you’re told because I pay your salary,’” comments Juliet Atha, president of Best Practices Property Management. “This kind of intimidation increases the manager’s feeling of vulnerability and being stressed in their workplace.”

ACMO is seeking to stamp out workplace harassment through collaboration, education, and respect, while creating a more positive and effective working environment within the condominium management sector. This approach includes:

Clear Communication Channels: Establishing clear communication channels with regular, ongoing, effective two-way communication between owners, directors, and managers is essential.

Education and Training: Enhanced education training initiatives and enforcement from the Condominium Authority of Ontario (CAO) aimed at educating boards of directors and owners about the roles and responsibilities of condominium managers. Clear communication about the division of authority and responsibilities can promote healthier working relationships. Meanwhile, ACMO will continue to build on the skills of condominium managers, board members, and the industry at large by providing education on conflict management, communication best practices, and safety & security for the communities they manage.

Supportive Policies: Condominium corporations, together with their condominium management providers, should adopt policies that promote a respectful and inclusive work environment, encouraging open communication and collaboration among all parties. Many management firms have started implementing harassment clauses in their contracts with condominium corporations.

“We understand that our staff can find themselves in situations that are unpredictable. In order to protect our managers, we have added a harassment clause to all of our management contracts,” says Melissa Kirkaldie, RCM, vice president of operations, Waterloo Region for Wilson Blanchard Management. “This clause states that WB is legally obligated to take reasonable measures to protect our employees from harassment that includes oral or written statements, actions or behaviour which is intimidating, threatening, violent, or offensive, and we will limit communications with the offending owner or board member at our discretion.”

“As a company, we must ensure that all our employees feel safe conducting business and acting as agents to our clients.”

Condominium managers follow a strict code of ethics as codified in Ontario legislation. Implementing and enforcing a similar board of director’s code of ethics and an owners code of conduct agreement with residents can provide a framework for appropriate behaviour and expectations and help establish boundaries for a respectful and collaborative environment.

Industry Collaboration: Collaboration between industry associations, regulators, and condominium management providers on developing industry-wide guidelines and standards for respectful and professional conduct can provide a framework for appropriate behaviour and expectations within the condominium management sector.

Towards this, ACMO, along with the Canadian Condominium Institute’s (CCI) Toronto Chapter and the Community Associations Institute (CAI) Canadian Chapter, launched a joint initiative earlier this year to develop resources and educational programming and propose legislative reforms to help ensure that the condominium industry is better equipped to manage concerns relating to violence and mental health in communities. Three working committees were formed to address harassment, safety and security in condominiums:

  • The Legislation Committee will review appropriate opportunities for legislative reform to better protect personal safety in condominiums and educate government agencies about how best to minimize risk for condominium communities.
  • The Resources Committee will identify and promote appropriate mental health resources and conflict de-escalation resources to support condominium corporations in the future. This may include better educating other organizations about the unique challenges in condominiums. The committee may also identify missing resources that should be developed.
  • The Policy Committee will review and identify best practices and template policies to improve governance and proactively support condominium corporations.

ACMO says its committed to addressing these issues head-on by providing ongoing professional development opportunities for condo managers and those in the industry, empowering them with the skills and knowledge needed to navigate complex situations, and maintaining a harmonious working relationship with boards and owners.

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