Condo managers and directors can find good news in the April 2008 Ontario Superior Court decision in MTCC 932 v. Lahrkamp,  O.J. No. 3885. This was a case brought by a condominium corporation against a “self-styled watchdog” unit owner who, while opposing lobby renovations, made repeated requests for records and then relentlessly pestered office staff when his requests were not filled as fully as he expected.
After finding that the owner’s conduct amounted to harassment, Justice Backhouse said:
The Condominium Act gives the respondent the right to examine the records of the corporation. He is not entitled to abuse that right by conducting a campaign by siege against the management office and directors. Banging on the management door on several occasions, blocking the door where the staff person was working and positioning his car to impede a director from proceeding are examples of conduct which are harassing. There are a number of remedies available to the respondent under the Condominium Act including calling a meeting of owners, removing directors and suing for oppression. Harassment is not one of them. When the respondent has been asked to desist by counsel, he has not done so. He has made it clear that short of a court order he will not stop his harassment. A staff person or director should not have to feel intimidated and harassed by the respondent.
Her Honour then granted an order:
- Restraining the unit owner from communicating with any employee of the management office or member of the board of directors, other than in writing;
- Restraining the unit owner from entering or coming within 25 feet of the management office; and
- Establishing a special procedure for future requests for records by this owner, and namely that such requests be made in writing, that only one request be made per record, and that payment for copies be made in advance.
Update (May 5, 2009): Items 1 and 2 of the above order were set aside on appeal in this case. See 2009 ONCA 362.