One of the most common emails condominium managers receive starts with some variation of: "I am making a formal complaint."

But what exactly does that mean?

Surprisingly, using the words "formal complaint" does not automatically make something a formal complaint. In many cases, what follows is not a complaint at all — it is an opinion, a disagreement, a notice of annoyance, a personality conflict, or a request for someone else to solve a problem that might not be within their jurisdiction, or within their authority to solve.

In many situations, making a formal complaint requires first using the tools and processes available to resolve the issue. It often involves following a prescribed procedure, using the appropriate forms, and escalating the matter in the proper order. Forms and complaint processes may be available through the CAO, government agencies, regulators, or other governing bodies. In many cases, a formal complaint is submitted through legal counsel.

Skipping important steps — some of which you may not even realize are your responsibility — can result in your complaint not being recognized as a formal complaint or not being processed through the formal complaint system.

So before you send that email, it's worth asking yourself a few questions.

Is this really a valid complaint?

A complaint should generally be based on something that can be verified.

Examples of valid complaints:

  • A resident repeatedly violating a condominium rule on video
  • A safety concern with the property
  • Property damage
  • Harassment
  • Noise outside permitted limits
  • Failure to comply with something specific and complaint-worthy in your governing documents

Not examples:

  • You don't like how your neighbour positions his umbrella
  • You don't like your neighbour's choice of vehicle
  • You disagree with a board decision
  • A resident puts up a sign indicating a different political opinion at election time
  • Someone's personality annoys you

Management cannot enforce personal preferences. It can only help enforce rules, policies, laws, and governing documents.

Are you complaining to the right person?

One of the biggest misconceptions in condominium living is that management has authority over everything.

We don't.

Many issues fall outside the jurisdiction of management, the board, or even the condominium corporation itself. For example:

  • Parking may be a municipal by-law issue
  • Suspected criminal activity may be a police matter
  • Fire code concerns may fall under the fire department
  • Human rights matters may involve the Human Rights Tribunal
  • Construction deficiencies may require engineers or lawyers, and take time to resolve

A complaint sent to the wrong person often creates frustration because the recipient has no authority to solve it.

Is your complaint biased, discriminatory, or defamatory?

This is where many people accidentally create problems for themselves.

If your complaint includes assumptions about anyone's capabilities relating to age, race, religion, disability, gender, nationality, family status, or sexual orientation — you are moving into discriminatory territory.

Similarly, if you make accusations that cannot be proven, you may be creating defamatory statements.

For example: "She's letting strangers in." "He's selling drugs." "Their modification is against the corporation's rules."

Without evidence, these are not facts. They're allegations.

In some situations, there can also be exceptions to rules in condos. In those cases, even what may seem like a clear violation in the "owner's handbook," the complaint itself can become evidence in a harassment suit, counter-complaint, legal proceeding, or human rights application.

That's one reason managers often ask owners to stick to observable facts.

Instead of: "My neighbour is dangerous."

Try: "On June 3rd at 8:15 p.m., I observed…"

Facts are easier to investigate than opinions. Keeping the manager in the know doesn't have to be in the form of a complaint — we can sometimes document a concern and quietly file it away if that is the appropriate action to take.

Is it really complaint-worthy?

Not every annoyance requires formal action.

Condominium communities are shared living environments. People will occasionally park poorly, forget garbage day, have guests, make noise, and make mistakes.

A good question to ask yourself is: "Am I trying to solve a community problem that most people are concerned about, or am I trying to get someone in trouble?"

Formal complaints consume time and money. Sometimes boards and managers won't tell you what's going on with another owner, and pushing them for more answers when you have been told that they can't get into details could be harassment.

In condos, when lawyers, engineers, investigators, managers, and contractors become involved, every owner in the community helps pay the bill.

Sometimes a simple, polite, neighbourly conversation with the person who shares a wall with you solves the issue faster and cheaper than a complaint. And sometimes, when you think about some annoyances, they're really not complaint-worthy to begin with.

Why does management sometimes push back?

When a manager asks for evidence, questions a complaint, or suggests another course of action, it isn't because they don't care.

Usually it's because they're trying to determine:

  • Is there actually a rule violation?
  • Is there enough evidence?
  • Is the complaint directed to the correct authority?
  • Is the corporation exposed to liability?
  • Is there a less expensive solution?

Good managers try to protect the corporation, its owners, and sometimes even the complainant from unnecessary costs and unintended consequences. And when a worthy complaint comes along, they are prepared to act swiftly to protect all stakeholders.

The best complaints are simple

A strong complaint usually contains:

  • Who?
  • What?
  • When?
  • Where?
  • Evidence

Nothing more. No assumptions. No diagnoses. No speculation. No character attacks. Just facts.

Final thoughts

A complaint is not a weapon. It is a tool. Coupled with a solution, a complaint can be powerful.

Used properly, a complaint helps solve legitimate problems and protect the community. Used improperly, it can waste corporation money and management's time, damage relationships, expose the corporation to liability, and occasionally create problems for the person making the complaint.

Before pressing "Send," ask yourself:

  1. Is someone actually breaking a rule, law, or policy?
  2. Am I complaining to the right person?
  3. Have I included evidence to back up my complaint?
  4. Is this a real issue, or just an annoyance?
  5. Would I be comfortable reading this complaint aloud in court?

If the answer to that last question is no, it may be worth rewriting before hitting send.