Canada Articles

Back to homepage

The Proposed Regulations under the Condo Act Are out for Review – for Real, This Time!

Last week, we advised you that the Ministry of Government and Consumer Services had posted a “plain language” summary of the proposed regulations to be adopted under the “New Condo Act”. Today, the province posted the “legalese version” of it,

Read More

How condo maintenance fees are calculated and spent (ON)

There are more than 2,500 registered condominium corporations in the City of Toronto. While those condominiums may range from skyscrapers made up of apartment-style units to blocks of townhouses, one thing that every condominium corporation has in common is the

Read More

Three Reasons to Buy in an Established Condo Association

When you are Condo shopping, there’s a tendency to want to see the newest and best construction. New buildings will have the most modern building codes, may be Leeds certified and environmentally friendly, and feature dazzling amenities. All of these

Read More

Is your Self-Managed Condominium Corporation exempt from the new licensing requirements under the CMSA?

As described in our last blog dealing with the impact of the CMSA on self managed condominiums, section 35 of the CMSA permits exemptions from licensing requirements. Section 2 of the Draft Regulations, provides the following exemption for directors from

Read More

Condominium Corporation Seeks Court Order Requiring Mental Examination of Unit Owner

In a recent case, TSCC No. 2395 v. Wong, a condominium corporation that was dealing with a unit owner whose behavior had become increasingly threatening, abusive, intimidating and dangerous, applied to the Court for an order that the unit owner

Read More

Changes are Coming – More Paperwork

This post is geared towards the managers and self-managed boards out there. As you have probably heard by now, the amendments to the Act have been described as providing greater protection to owners. Only time will tell, but one thing

Read More

Condominium audits uncover four common issues

With few exceptions, the Condominium Act of Ontario (the act) requires an independent auditor to perform an annual audit of the financial statements of a condominium corporation. Sections 60 and 71 underline the rights and responsibilities of an independent auditor.

Read More

On Limitations: Alberta Court Reiterates Importance of Reasonable Diligence to Identify Defendants in Class Proceedings

In Condominium Corporation No 0610078 v Pointe of View Condominiums (Prestwick) Inc (“Condo Corp 0610078”), the Alberta Court of Queen’s Bench (“ABQB”) considered the extent to which a party that suffered damage is required to identify the parties responsible for

Read More

Changes are Coming – Changes by Condo

As you may know, section 97 of the Condominium Act, 1998 (the “Act”) addresses changes made to the common elements, assets, and services of the condominium. In the amendments to the Act, section 97 will be removed and replaced with

Read More

Slipping (and falling) in a Winter Wonderland

The winter season is upon us, and (not surprisingly), with this time of the year comes rapidly falling temperatures. As Canadians, we are used to this weather – but our winters can nevertheless be treacherous.  In addition to hazards caused

Read More

Is your self-managed Condominium Corporation exempt from the new licensing requirements under the Condominium Management Services Act?

Condominium Corporations that are ‘self-managed’ are Corporations that have decided (for various reasons) not to enlist the services of a paid property management company. Rather, the Corporation (typically the Board of Directors) performs the work associated with the day to

Read More

5 Productivity Apps For HOA & Condo Managers

Welcome to another Evercondo “tech tips” post, where we share some of the best apps and technology solutions out there for helping property managers, board members and residents get more done with less time.  We all want to be more

Read More

Being a Condo Director Could Enhance Your Career!

How did Kellyanne Conway, President Trump’s former campaign manager and current Counsellor to the President (and proponent of “alternative facts”) make it to the White House? It was recently reported that Ms. Conway met President Trump a number of years

Read More

Complaints and Disciplinary Procedures against Condo Managers under the New Act

In this series of posts, we explore how Ontario proposes to licence and regulate condo managers under the new Condominium Management Services Act. In this post, we look at who can lodge a formal complaint against a condo manager and

Read More

Changes are Coming – Chargebacks

Last Friday I participated in the ACMO Burlington conference as a speaker on the legal panel. One of the topics that I briefly spoke about was chargebacks and liens. I spoke about the changes coming to the lien and chargeback

Read More

Cardiac arrests in high-rise buildings

Residents of high-rise buildings had better survival rates from cardiac arrests if they lived on the first few floors, and survival was negligible for people living above the 16th floor, according to a study.   Read the article…………….

Read More

B.C.’s New Civil Resolution Tribunal Orders Special Levy to Fund Repairs to Strata Property

In its first significant decision, BC’s new Civil Resolution Tribunal (“CRT”) has ordered a strata corporation to raise a special levy to perform repairs at the urging of a single strata owner. This decision indicates that the CRT, which is

Read More

Licensing of Condominium Managers-What does it mean to have an address for service in Ontario? (Blog No. 7 in a Series)

We now have the draft regulations under the Condominium Management Services Act, 2015 (the “Management Services Act”). This is the seventh in a series of blogs that I am preparing in relation to the draft regulations.  In this Blog No.

Read More

Do you need a section 98 agreement?

In the last two weeks, I’ve had two people suggest that I write about section 98 of the Condominium Act, 1998, so that’s what I’m going to do today. (Thanks for the suggestions!).  Section 98 of the Condominium Act, 1998,

Read More

Condo boards can rely on business judgment rule

A recent Ontario Court of Appeal decision confirmed for the first time that the “business judgment rule” applies to decisions made by condominium boards. The business judgment rule “recognizes the autonomy and integrity of corporations, and the fact that directors

Read More

Marijuana Condominium

The legalization of marijuana in some jurisdictions has led to the creation of many business opportunities in the marijuana industry. In an effort to capitalize on this growth, Grow Condos, a “publicly-listed real estate company dedicated exclusively to the Cannabis

Read More

Who Will Be Exempt from Mandatory Licensing of Condo Managers?

As Ontario heads towards mandatory licensing of Condo Managers (and Condo Management Providers), we have been exploring the “ins and outs” of the new Condominium Management Services Act. In this post, we review the various exceptions to the Province’s mandatory

Read More

Draft Condominium Management Regulations Released

Finally, we are starting to see some of the regulations released, in draft, arising from the Protecting Condominium Owners Act, 2015. This Act enacted both the Condominium Management Services Act, 2015 (the “CMSA”) as well as extensive changes to the

Read More

Improving condo management with analytics

What is the average response time of managers in getting back to residents’ requests? For condo directors or managers that don’t know the answer, this is a must-read.  This article will go over what analytics means in the condo management

Read More

Shared Facilities Disputes

As I mentioned in my previous post, the most common question that I’m asked about shared facilities agreements is how to terminate them. The reason? Many (if not all) condominiums have disputes related to their shared facilities agreements. Sometimes the

Read More

Licensing of Condominium Managers-What are some of the statutory obligations placed upon licensees?

(Blog No. 6 in a Series)  We now have the draft regulations under the Condominium Management Services Act, 2015 (the “Management Services Act”). This is the sixth in a series of blogs that I am preparing in relation to the

Read More

3 tips for raising a family in a Condo

Healthy demand is forecasted for Canada’s condo markets in 2017, and it’s not just young professionals and investors fueling the boom. As low-rise housing prices grow further out of reach, families are increasingly turning to condo life as an affordable

Read More

Another Condo Owner’s Request for Administrator Denied by Court

In a prior blog post, we reported on a case where the Court denied a condominium owner’s application to appoint an administrator, after the Court determined that the corporation was quite capable of governing itself and that the Board members

Read More

Canada: Deference To Reasonable Decision Made By Condo Boards

Directors and officers, acting as a manager of a condominium, have a number of obligations and responsibilities that they are required to carry out. Section 37 of the Condominium Act, 1998 sets out the standard of care which directors and

Read More

The Rise of Short-Term Rentals

As sharing services such as Airbnb continue to grow in Toronto and elsewhere, there are more concerns from residents, politicians, and businesses. The Agenda assembles a panel to discuss what steps, if any, should be taken to handle the short-term

Read More

Condo Managers With a Limited Licence Will Have to Work Under Supervision

In this series of posts, we explore the various condo management licences that will be granted under the new Condominium Management Services Act. Here, we summarize the nature and requirements of the limited licence. This licence will require that condo

Read More

Licensing of Condominium Managers- Six Questions Answered (Blog No. 5 in a Series)

We now have the draft regulations under the Condominium Management Services Act, 2015 (the “Management Services Act”). This is the fifth in a series of blogs that I am preparing in relation to the draft regulations.  In this Blog No.

Read More

Shared Facilities: Ending the Relationship

Shared facilities agreements (also called cost sharing, joint use and mutual use agreements) are agreements covering lands or facilities which are shared by a condominium and another entity. The shared facilities or amenities may be exterior components like roadways, landscaping

Read More

Condominiums and City of Toronto Waste Collection Offences

The City of Toronto has been charging condominium management companies and condominium corporations, with offences under the Toronto Municipal Code, Chapter 844, Waste Collection, Residential Properties (the “Municipal Code”).  These charges relate to offences under section 16A(3) which requires that

Read More

Dispute over sewer stinks for one condo (ON)

A decision was released today from the Court of Appeal regarding another shared facilities dispute. At trial, the appealing party was found liable for a portion of the expenses incurred to maintain a shared sanitary sewer pumping station.    

Read More

Licensing of Condominium Managers-Who can obtain a licence to be a condominium manager? (Blog No. 4 in a Series)

The starting place is the Management Services Act. The Management Services Act says that an applicant is entitled to a licence if the applicant meets the requirements for a licence in the Regulations (more on this below), unless:     Read

Read More

Condo Manager Licensing in Ontario: The “General” licence

In this series of blog, we explore the various condo management licences that will be granted under the new Condominium Management Services Act, once this legislation comes into force. In this post, we summarize the nature and requirements of the

Read More

Licensing of Condominium Managers-Restrictions on Managers who have a Limited Condominium Management Licence (Blog No. 3 in a Series)

According to the draft regulations, what are the restrictions on managers who have a LIMITED condominium management licence?  As described in my previous blogs on this topic, condominium managers will need to obtain one of the following:   Read the article………….

Read More

Top 10 condo law cases of 2016

Happy 2017! Here’s our recap of some of the most notable condo law cases from the year gone by.   Read the article…………

Read More

Court Declares Condo By-Law Authorizing Allocation/Lease of Common Element Parking Spaces to Unit Owners is Valid

In a recent case, Cheung v. YCC No. 759, a unit owner in a commercial condominium unsuccessfully challenged the validity of a by-law that allocated/leased 4 common element parking spaces to each unit. Before the enactment of the by-law, parking

Read More

Draft Regs re Licensing Released

Unless you’ve been on vacation for the past week or so, you probably know that the Ontario government released the first draft regulation made under the Condominium Management Services Act (CMSA). The draft regulation focuses on the licensing of managers,

Read More

Licensing of Condominium Managers- Licensing Timeframes and Requirements (Blog No. 2 in a Series)

According to the draft regulations, what are the new licensing timeframes and requirements?    Read the article…………..

Read More

What Will Mandatory Licensing of Condo Managers Look Like in Ontario?

When Bill 106 (the legislation aimed at protecting condominium owners in Ontario) received Royal Assent on December 3, 2015, it set out to amend the existing Condominium Act but, as importantly, it also laid out a new licensing regime for

Read More

Sensors poised to transform property management

It’s an exciting time to be involved in residential property management. Technology is developing rapidly and permanently altering the residential landscape for managers, staff, and residents. Several companies are invested in developing the next generation of innovative tools for residential

Read More

Home sharing: There goes the neighbourhood

When French authorities published new population figures for Paris last week, showing a drop of nearly 14,000 residents, politicians and bureaucrats were quick to identify the cause.  It wasn’t the threat of terrorism. It wasn’t high rents or taxes. It

Read More

Property managers downplay cybersecurity threats

Building systems are becoming increasingly connected to the Internet through new technologies that help property managers better serve and protect their tenants. But at the same time, despite creating more functional assets, smarter components, from HVAC and lighting control systems

Read More

Licensing of Condominium Managers – Who Needs to be Licensed?

We now have the draft regulations under the Condominium Management Services Act, 2015 (the Management Services Act). This is the first in a series of blogs that I will be preparing in relation to the draft regulations.  In this Blog

Read More

Using a By-law to Control Parking

A recent decision of the Ontario Superior Court confirmed the validity of a condominium’s by-law, which was passed to control parking on the common elements. See the case of Cheung v. York Region Condominium Corporation No. 759.  Here’s my summary

Read More

Ontario Government Releases Draft Regulation Under Condominium Management Services Act

After much anticipation, the Ontario Government has just recently released the first draft regulation in support of the implementation of the new Condominium Management Services Act (“CMSA”), which received Royal Assent on December 3, 2015, but has not yet been

Read More

The Ramifications of Wrongfully Terminating a Condominium Manager

In a recent case, Win2 Management Inc. v. MTCC No. 1049, a condominium corporation that terminated its contract with its manager, without complying with the termination provisions in the contract, was held liable to pay damages to the manager in

Read More