How to deal with abuse, harassment and violence in condos

Ontario Condo fatal shooting incident

On December 18, 2022, a tragedy struck in Ontario, Canada. Mr. Villi, a deranged condo owner, shot and killed five people living in the building, as well as injuring one more. In the confrontation with police, Villi was subsequently shot and killed. All five victims were residents of the same condo building, with three of them being board members. Villi had been causing trouble for many years, making threats and harassing his neighbours, including those he ultimately killed. He was scheduled to be evicted from the building, however, he chose to take violent action instead.

"Disputes between tenants and condo associations over building rules tend to be fairly common and can sometimes make serving on boards feel like a thankless task," as reported by 纽约时报

The long history of disputes with the condo board and staff is detailed in the CBC report.

"Everything was done", but there were warning signs of violence!

A former condo board member made these remarks as reported by CTV News .

"When you're on a board, there's only so much we can do and I can honestly tell you we did everything for Mr. Villi."

Hutchinson, who moved out of the building four years ago, said Villi would call her disgusting and demand she leave the Vaughan, Ont., condominium. She also said he'd sometimes walk around with signs that read "this is a bad place" and "I'm going to kill people."

The author wants to point to the warning signs mentioned in the same report that were not acted on. Indeed the violence could not be anticipated, but knowing what we know now, was there an opportunity to seek a restraining order and avoid the fatal shooting? This point is discussed in more detail below. Since it is a new situation and nobody knows the best solutions, the reader's feedback will be valuable as comments below the article.

Challenges of dealing with abusive and harassing behaviour

Abusive and harassing behaviour of unit owners targeting Condo board directors is quite common. Under the label of reporting issues, some persons engage in insults, coarse language, and racist comments. Some condo directors and neighbours like to ignore them because they think there is no better option.

Since the directors' names are known, the abusers may engage in targeted attempts to harass them as Villi did in the above story. In response to this horrific event, some condo management professionals have proposed changes to provincial laws in Ontario, to keep the identities of condo directors anonymous. The author believes that the change in the Condo Act, whereby the directors are anonymous, is not enough to prevent similar incidents from reoccurring in the future. While larger condo boards may be able to shield the directors, this may not be possible in smaller condos, as it is the owners who elect the board of directors during the Annual General Meeting. Moreover, even if one were to suggest that boards should remain anonymous, it may be difficult to execute in practice with all the information that is freely available online.

Good news - current laws have provisions to deal with abusive behaviour?

There are legal protections already available in Condo Acts under an article that proscribes 'injury to an individual'. The Occupational Health and Safety Act is also relevant.

The following story illustrates the success of this approach shared by?Rodrigue Escayola?in his blog. In an unspecified Toronto condo corporation, one of the owners had been sending emails to management regularly, with content that was inappropriate, abusive, and degrading. The corporation tried to limit communication to email and asked the owner to refrain from verbally abusing staff but to no avail. The corporation then took the owner to court, citing section 117 of the Ontario Condo Act, which prohibits anyone from carrying on an activity that is likely to cause injury to an individual. The court also pointed to the fact that the corporation had its own rule preventing immoral, improper, offensive, or unlawful use of a unit or the condo property. Furthermore, the owner's behaviour was workplace harassment, and the corporation had a duty to investigate and protect its workers from it. The court ordered the owner to cease and desist from abusing staff and representatives of the corporation and imposed a $15,000 legal cost.

The Manitoba Condo Act has a similar provision to the Ontario Act that refers to ‘injury to an individual.’ Article 288, ‘dangerous activities’, states that no person shall permit a condition to exist or carry out an activity — in a unit or concerning the common elements if the condition or activity is likely to damage real or private property of any kind or cause injury to an individual. There is no reason a Manitoba condo corporation should not have a court rule prohibiting the same type of conduct.

The author suggests a three-point strategy to deal with abusive behaviour

To address the issue of condo owners who are abusive and violent, the author suggests a three-point strategy. Owners should have the option to voice their issues and complaints but should not use insulting, harassing defamatory or inappropriate language. Corporations must investigate and protect their workers from workplace harassment and should make it clear that such language will not be tolerated. The condo board can draft policies to prevent such harassment and should take full advantage of this.

The first point in the author's strategy is to establish a harassment prevention policy. This policy should be comprehensive and include details such as what constitutes harassment, how it will be reported and investigated, and how violators will be held accountable. This policy must be communicated clearly and consistently to all members of the condo community so that residents are aware of the expectations and consequences of any inappropriate behaviour. All approved policies should be available to all residents for easy reference either through the website or at the building management office using a physical copy in plain sight on a notice board.

The second point emphasizes the importance of documenting all instances of abusive behaviour with the help of legal counsel. This documentation can be used in two ways. First, it will provide a clear record of the occurrences for the board to review and act accordingly. Secondly, it will help create a culture of accountability within the community, as potential abusers will be aware that their behaviour will not go unnoticed. Documentation may be as simple as saving electronic communication, but it can additionally include statements from witnesses, audio or video recordings, or any other relevant evidence. This way subtle escalating actions like hints of violence can be documented and acted upon quickly.

The third point suggests that the board should initially attempt to defuse the situation in person. This could be done by sending a warning letter through legal counsel and/or holding a meeting with the abusive party if the situation allows. When these attempts fail or when there are indications of impending violence, the legal counsel may take the matter to court.

Report and obtain restraining orders as soon as there are any indications of violence

This may be the only step that was missing from the actions of the condo board involved in the fatal shooting. If the three-point strategy is followed, as soon as there is any mention of violence in a social media post or email or any verbal communication, there is a strong potential to request immediate restraining orders from police. It is difficult, but that is the narrow route to safety in such difficult situations.

Requesting feedback

If you are a Condo board director or property manager in Canada, particularly Winnipeg, please help the community by commenting below.

What measures have you taken to ensure the safety of Condo board members and property managers from abusive and harassing unit owners?