Fatima Vieira B.A., M.A., LL.B. Associate Fine & Deo Condominium Lawyers
condominium
owners
Timely ideas, insight, inspiration and information of particular interest to condominium owners
Harassment
How to Request But Not Harass “The Customer is Always Right” Principle is not Entirely Correct in the Context of a Condominium Community Whose Members Include the Service Personnel and Management unhappy about these various interferences with your enjoyment, your frustration increases, you become upset, a heated discussion and argument ensues, swear words are used, shouting and profanities are heard throughout the lobby and the argument may escalate from there into an ongoing feud.
Owners have the right to the enjoyment of their condominium and to demand that it works the way it should. The elevators should operate, the security staff should not let outsiders in and the pool should be clean, operational and available during the normal opening hours. When things don’t function the way they ought to, owners may wonder where their fees
are going and whether anyone is looking after or working to correct these problems. When this happens, you may want to speak to someone without wasting too much time to address these problems. In a condominium, the front-line service personnel are typically the security staff or the property manager or administrator. You approach him or her understandably
Your service providers are “workers” with the right to a harassment-free workplace under the Occupational Health and Safety Act. Harassment can be defined as: “engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.” Harassment can consist of yelling, profanity and abusive language, embarrassing, humiliating, demeaning , degrading, rude or offensive comments, yelling, slamming doors and disrespectful conduct, especially in front of other people. Spreading malicious rumors in the community about the worker can also constitute harassment. In addition to the anti-harassment protections under the Occupational Health and Safety Act, harassing conduct towards one of the workers in your building can engage the Human Rights Code if the harassment CONDOVOICE SUMMER 2019
CV
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ILLUSTRATION BY JAMIE BENNET
Now property problems are overtaken by very serious people problems, namely a harassment complaint by your service provider.