This book review is written by Colm Brannigan, a Chartered mediator, arbitrator, med-arbitrator, and trainer. He has worked in condominium ADR for more than 20 years.
With ADRIO having recently set up a roster of condominium mediators, there is a clear need for resources to help neutrals understand the environment in which these disputes arise and there are not many available. Robert Mullin’s Condominium Law in Ontario: A Contemporary Guide fills that gap and is a very well written, useful and timely resource for ADRIO members who work in the condominium sector.
According to the Condominium Authority of Ontario’s website, there are 13,000+ condominium corporations in the province. Mediation and Arbitration are mandatory for certain disputes under section 132 of the Condominium Act. Although many disputes now fall under the jurisdiction of the Condominium Authority Tribunal, many do not.
Although it is generally acknowledged that process skills, not substantive knowledge are the most important skills to mediators, condominium law, which appears on the surface to be quite straightforward, is in reality complex and sometimes less than obvious. It is a substantive field where mediators must have some knowledge of the law to be effective ADR professionals. The book by Robert Mullins goes beyond a mere summary of the law. It explains the legal and operational framework that shapes condominium disputes, making it extremely useful for mediators, as well as lawyers, and other condominium professionals.
A key strength of the book is its practical organization. The author structures the content around development, governing documents, governance, records, finances, enforcement, physical management, and resale, reflecting the realities of condominium life. Disputes often arise from interactions among boards, owners, managers, and operational factors, rather than neatly fitting into legal categories. This approach makes the book much more useful than those that treat condominium law as just another legal topic.
The book is both readable and clear. It goes beyond collecting cases or annotating statutes by explaining how the various elements fit together. In condominium disputes, the main challenge is often understanding how the Condominium Act, 1998, the declaration, by-laws, rules, and governance practices interact in daily situations. A single factor rarely causes disputes; they are shaped by overlapping legal, operational, and human elements.
While mediators do not decide the legal outcome of disputes, they must understand the context in which conflicts develop. Condominium disputes can be complex, with issues often linked to deeper problems like strained governance, inconsistent enforcement, financial pressures, or poor communication. Without understanding this broader context, it is easy to misinterpret the scope of the dispute and in some cases, the parties’ resistance to resolution.
The book moves readers beyond surface issues by placing conflicts within the legal and organizational structure of condominium life. For mediators, this is important because condominium disputes often involve ongoing relationships. Parties must continue living or working together, making effective decision-making, communication, and process essential.
In my opinion, this is where the book excels. It provides a structured, practical understanding of condominium law, not just a theoretical overview but as it is actually lived and administered. Effective mediation in this field requires more than process skills; it requires insight into the context, institutional setting, and pressures influencing the parties.
For mediators, Chapter 7 on enforcement is likely the most important. Many condominium disputes stem from enforcement decisions or quickly escalate into enforcement issues. Disagreements over what appear to be discrete issues often turn into disputes over authority, fairness, consistency, and process. Key mediation questions include whether the rules were applied reasonably, whether responses were proportionate, and whether genuine efforts were made to resolve issues before positions hardened.
While legal responses such as warning letters or compliance demands are available, they can escalate conflict if perceived as unfair or disproportionate. Recognizing these dynamics helps mediators identify the true drivers of conflict and potential solutions. This book supports that understanding.
The book’s breadth makes it a practical reference for various condominium professionals. It covers development, governance, operations, enforcement, and resale, recognizing that disputes often evolve beyond their initial scope. A resource that helps readers navigate often interconnected issues is especially valuable.
One of the strengths of mediation is the ability to come up with unique and out of the box solutions. However, in condominium disputes, there are limits on what can be done. Section 176 of the Condominium Act states that the Act applies despite any agreement to the contrary. This limits the scope of solutions/resolutions and is not something you would know about if you didn’t have some knowledge of the legal framework. This book can help you avoid pitfalls in condominium dispute resolution.
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Reviewed and Edited by the ADRIO Newsletter Blog Committee in collaboration with Staff:
Babara Benoliel (Chair)
Ben Drory
Kim Parish
Phil Osagie
Tommy Lam (Staff)
The opinions expressed in the articles featured in this blog are that of the respective writers and do not represent the views of The ADR Institute of Ontario.