AI Use in Condominiums
We are seeing a significant increase in the use of artificial intelligence (“AI”) technologies, like ChatGPT, in responses from unit owners. The AI tools used primarily provide answers to legal questions and prepare responses to correspondences, but there are other uses as well.
Unfortunately, the AI technologies often provide incomplete answers or misstate the law, causing further disputes in condominiums. This week I have reviewed several emails from owners that refer to cases that do not even exist (“AI Hallucinations”, a common AI phenomenon). Other times the AI has misinterpreted the case by stating it stands for a proposition that it does not. Sometimes the case mentioned has since been overturned by later cases. References to legislation are sometimes to repealed versions or the legislation in other jurisdictions.
The Condominium Authority Tribunal (CAT) is obviously seeing the use of AI increasing in its dispute resolution process as it issued a Practice Direction on the Use of AI in December 1, 2024. The tips for using AI contained in the Practice Direction are useful for owners using AI outside of the CAT as well, so I will briefly summarize them here:
- Be Cautious – verify the information, double-check results. “AI tools can produce inaccurate or outdated information, especially on legal issues.”
- Use Reliable Sources – CanLII is a good source for court or tribunal decisions. Read the decision to make sure it says what you think it says. Use reputable sources, such as the Condominium Authority of Ontario (CAO), to search for answers for your condominium questions.
- Responsibility – Parties are responsible for the accuracy of their submissions, even if AI generated.
At the CAT, there are significant consequences to the misuse of AI, including dismissal of an application or costs sanctions. You can read the full Practice Direction here: https://www.condoauthorityontario.ca/wp-content/uploads/2024/11/Practice-Direction-AI-use-in-Tribunal-Proceedings.pdf
Legal issues are fact specific and nuanced, especially in condominiums where so many of the rights and obligations are set out in the declaration, by-laws, and rules, which vary from condominium to condominium. The technology is not advanced enough (yet) to provide accurate legal advice. AI can be a helpful tool in preparing responses and conducting initial research on a legal issue; however, it is important to remember that it is not infallible so it should not be used to replace legal advice from a lawyer or paralegal with experience in condominium legal matters.