Conflict in co-ownership: how to stop it from escalating?

Life in a co-ownership demands constant collaboration between the co-owners, the directors and, where one is retained, the property manager. Yet much of the tension within syndicates of co-ownership is not caused by the by-laws or by the decisions taken, but rather by a shortfall in communication, understanding or perception.

Here are five simple strategies for reducing conflict and building a climate of trust.

1. Provide complete, clear information

   Transparency is one of the best conflict-prevention tools there is. In many files, co-owners take issue less with the decision itself than with the way it was communicated.

   While the board of directors has 30 days to send co-owners the minutes of any decision taken at a meeting, or any resolution it has adopted, under art. 1086.1 C.c.Q., it is often preferable to communicate important decisions sooner. In practice, by the time the minutes are circulated within the legal deadline, the decision has frequently already been implemented. And not every co-owner necessarily reads the minutes.

   Key takeaway

   A preliminary email summarizing the decision and its effects supports transparency and keeps co-owners better informed while the official minutes are being drafted and adopted.

2. Explain how the decision was made

   Some board decisions can be unpopular even when they are entirely justified. In those situations, it is essential to explain:

   • the syndicate's obligations;
   • the legal or financial constraints;
   • the analyses that were carried out;
   • the criteria used to reach the decision.

   When co-owners understand the reasoning behind a decision, they are generally more willing to accept it, even if they do not fully agree with it.

3. Follow up on requests consistently

   A lack of follow-up is one of the leading sources of dissatisfaction in a co-ownership. Even when a file is not moving forward, or no final decision has yet been made, it remains important to keep co-owners informed.

   A simple message confirming that the request has been received and is being processed can prevent a co-owner from feeling it has been forgotten. Following up shows that the board of directors takes co-owners' concerns seriously.

4. Manage expectations

   Many conflicts stem from a misunderstanding of the syndicate's role. Some co-owners believe, for example, that the syndicate is responsible for:

   • their tenants;
   • private disputes between neighbours;
   • certain repairs that fall within their private portion;
   • any situation whatsoever that arises in the building.

   To avoid misunderstandings, it is important to explain clearly, as soon as the request comes in, where the board of directors' authority to act ends. Managing expectations well goes a long way toward reducing frustration.

5. Treat everyone equally

   Nothing creates a sense of injustice faster than the impression that the rules do not apply to everyone in the same way. The board of directors must make sure it applies the by-laws in a manner that is:

   • consistent;
   • impartial;
   • uniform;
   • fair.

   When a comparable situation is handled differently without valid justification, the risk of conflict rises sharply.

Conclusion

The role of the board of directors is not limited to managing the syndicate's affairs. Proactive communication, regular follow-up and transparency will often head off a great many conflicts and preserve a harmonious climate within the co-ownership.