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Are you ready? Less than three months to go…

Some of the changes to the Condominium Act, 1998, have received a lot of attention over the past year, like the new requirements for holding meetings or the information certificates that condominiums will be required to send to their owners.

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A condo rule against complaining? Controversial corporation policy likely intended to prevent harassment

Recently, a condominium corporation in Toronto was reported to have enacted a rule which, among other things, sought to limit the ability of residents to complain to the condominium. Various parties including residents of the building in question have expressed

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Enforcing Single Family Restriction in Condominiums – A Recent Case

In a recent case, Louiseize v. PCC No. 103, a condominium owner who knowingly breached the “private single-family residence” restriction in the condominium declaration for almost 14 years, was given 9 months to bring his units into compliance with the

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The Condo Authority of Ontario

Are you ready? In less than three months the first set of amendments to the Condominium Act, 1998 comes into force. Arguably the biggest change is the creation of the Condominium Authority of Ontario (CAO). I like to think of

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CPA Retirement: Should you join a condo board?

IF you’re like a lot of CPAs, the number one topic on your mind is retirement. Perhaps you’re thinking of selling your house into a hot housing market and downsizing to a condo. If so, what are the pros and

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Condo Pool Dress Code: The Debate Over What’s Too Much and What’s Not Enough

An Ontario woman recently launched a human rights complaint against the municipality of Cornwall over its policies preventing her from swimming bare-breasted at public pools. This legal challenge comes two decades after courts recognized women’s right to bare their breasts

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Condominium Authority Confirms Fees

In a prior blog post we reported that the Condominium Authority of Ontario (“COA”) was seeking public comment on its proposed fees for the COA’s services. As the feedback received was positive, the COA has confirmed that the proposed fee

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Time for a review of the Strata Property Act (BC)

Increasing numbers of British Columbians live in multi-family developments which are run as strata corporations. Currently, there at over 30,000 active strata plans in B.C. and over 1.5 million live in about 620,000 strata lots.  Owners of each strata elect

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Condominium Authority of Ontario: Monthly Fees and Dispute Resolution Fees Confirmed

We had previously blogged about the fees associated with the new Condominium Authority of Ontario (CAO).  The CAO has announced that it has set the fee amounts for the monthly fee and the user fees for the Condominium Authority Tribunal

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6 Ways To “Go Green” in Your HOA or Condo Association

There are more than 7 billion people on the Earth. We take up a lot of space and use a lot of resources. That makes implementing eco-friendly practices even more critical to preserve the environment and the resources that we

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A condo rule against complaining?

Recently, a condominium corporation in Toronto was reported to have enacted a rule which, among other things, sought to limit the ability of residents to complain to the condominium. Various parties including residents of the building in question have expressed

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Electric Cars and Charging Stations in Condominiums (ON)

Electric cars, and charging stations, are a hot topic this week! Britain has announced the eventual ban of gas and diesel powered vehicles, and an Ottawa condo is making national news (click on the video entitled: Ottawa Woman’s Power Struggle

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Condos will Need to Increase Their Fees to Pay for the New Condo Authority (ON)

The new Condo Authority of Ontario has recently confirmed what fees it will charge for its services. The CAO also confirmed who will pay for this and when the new fees will become payable. Condominiums may want to adjust their

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Accommodating Service Dogs in Condominiums (ON)

In a recent case before the Ontario Human Rights Tribunal (Latendresse v. CCC No. 8), a condominium resident alleged that the condominium corporation had discriminated against him with respect to occupancy of accommodations because of a disability.  The corporation’s rules

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Condo Administrators

A condominium administrator is a person appointed by the court to manage the affairs of a condominium when the board is unable to properly manage the condominium in accordance with the requirements of the Condominium Act, 1998.   Read the article……………….

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Proposed Annual Fees for Condo Managers Announced

We now have more information about the proposed fees for condominium managers under the Condominium Management Services Act (CMSA). The fees are intended to fund the Condominium Management Regulatory Authority of Ontario (CMRAO), which is the not-for-profit corporation that will

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Condo Law Digest – Mid-summer 2017

This conflict arises from an insect infestation. In October 2015 Justice Diamond ordered that the Schneiders permit YCC No. 41 and its agents to enter their unit no later than November 13 in order to conduct a “flush and vac”

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Defamation in Condos: An Update

There has been a lot of talk this week about defamation in condos. Most of the interest comes from a decision released in Ottawa last week. A judge has ordered Yahoo! and Yahoo! Canada to disclose information that a condominium

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New Info on the Education and Examination Requirements for Condo Managers

Ontario held a press conference today to announce new protections for condo residents, to be implemented this fall. This is great (but somewhat old) news. What’s new is that we now know more about the education and examination requirements for

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Maintaining your Below Ground Infrastructure

The British Columbia Housing Homeowner Protection Office has created a video explaining how to protect this space from damage. This is part of their series to help those responsible for the maintenance of multi-residential properties.       Watch the video…………….

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What board directors should ask condo auditors

An independent Chartered Professional Accountant (CPA) prepares, audits and issues the financial statements of a condominium corporation. In doing so, he is reporting to the owners of the condominium units the state of the financial position of the corporation. However,

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Defamation: Condos must protect the reputation of its directors

Everyone knows that being on a condo board can be a difficult and thankless job, often attracting criticism from other owners. But what is a corporation to do if owners send defamatory emails? An Ottawa judge has drawn a red

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Government of Ontario Seeks Comments on Proposed Regulation Concerning Condominium Returns and Information Database

The Government of Ontario has recently released a draft regulation under the Protecting Condominium Owners Act, 2015 concerning the mandatory filing of condominium information returns and the maintenance of a condominium information database that would be available to the public.

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Lessons as a First-Time Condo Owner

Professionals who work in the condo industry often say they’d never buy a condo. I was no different. A large part of my day is spent dealing with the problems faced by condos, such as disputes between neighbours, financial concerns,

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Condominium Returns (ON)

We now have proposed Regulations from the Province, governing the upcoming requirements for condominium corporations to file returns with the new Condominium Authority, and also creating a new publicly-accessible database of information respecting all condominium corporations in the Province.  There

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Proposed Fees for the Condominium Management Regulatory Authority of Ontario

The Province has now proposed licensing fees for condominium managers under the CMSA, and has invited input from the public on those proposed fees.  As we now know, on November 1, 2017 the Condominium Management Regulatory Authority of Ontario (“CMRAO”)

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Condo Balcony Fires

Toronto Fire Services recently held a press conference about the increasing number of fires on condo balconies caused by cigarettes being carelessly tossed from balconies. At the time of the press conference, there had been 27 balcony fires causing over

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Condo Financing Myths Debunked

In Ontario, when condominiums find themselves short on funds they have three options: 1) increase monthly fees; 2) levy a special assessment; and 3) borrow the money. The board could choose one option or a combination of two or three

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Summary of the Proposed Regulations now available: the Condominium Database, and filing Returns

Regulations supporting certain amendments to the Condominium Act, 1998 are being proposed relating to:   Read the article…………..

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Condominium Authority Seeks Comments on Proposed Fees

As we reported in a previous blog, one of the major changes in the Protecting Condominium Owners Act, 2015 is the creation of the Condominium Authority. The responsibilities of the Condominium Authority include:    Read the article……………

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Condos will Have to File Yearly Information Returns

Ontario is seeking your input on another set of proposed regulations. This one deals with proposed annual Information Returns, which corporations would have to file with the Condo Authority. Most of the information in these returns would be added to

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Another Draft Regulation Is Available for Comment (ON)

On July 7, 2017, another proposed regulation was released for comment. The regulation addresses the returns and notices of change to be filed by condos and the public database to be created by the registrar created by the Condominium Authority

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Failure to Enforce Condo Rules – Noise “Lack of rules/enforcement results in more problems than rules some oppose”

Love them or not, condo rules are necessary.  Many people share ownership of a condo building. Condo rules exist because not everyone conducts themselves in a manner that gives proper consideration to their neighbours.  Lack of rules and weak enforcement

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Buying A Pre-Construction Condo Is All About Risk And Reward

The pre-construction phase is a popular time to buy a new home or condo, for a number of reasons. Usually at this stage in the game, the home builder offers more competitive pricing to raise the funds needed to get

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CAO and CAT Proposed Fees

We now have the proposed fee (payable by all Ontario condominium owners) for the new Condominium Authority of Ontario (CAO). We also have proposed user fees in relation to the new Condominium Authority Tribunal (CAT).  Here are the proposed Fees,

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How Much will the Condo Authority Cost Condo Owners?

As you certainly know by now, the new Condo Authority of Ontario will be designated as the condominium authority as of September 1, 2017. The CAO will provide education and information and will oversee the Condo Authority Tribunal. But how

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Health & Safety: Major Repair Projects

The summer months are busy construction months as anyone who travels on any 400-series highway in Ontario can attest to (and probably curse)! For condominiums, it might be a window replacement, EFIS system installation, major landscaping project, or parking garage

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Court of Appeal Confirms Deadline for Registering Condominium Liens

In a recent decision by the Ontario Court of Appeal (CIBC Mortgages Inc. v. YCC No. 385), the Court confirmed the deadline by which a condominium corporation can validly register a lien pursuant to section 85 of the Condominium Act,

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Toronto’s condos are bursting with babies — and the city needs to accommodate them: report

Many of Toronto’s downtown condo buildings are now brimming with children — and the pressure is on to transform those concrete blocks into family-friendly neighbourhoods.  City council will debate draft guidelines next week that could prompt developers to include larger

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3 Tips To Avoid Pet “Headaches” and Issues In Your Condo

Pets are part of the family. But what happens when someone’s four-legged family member urinates in your condo lobby? Once the mess is cleaned up, how do you prevent Fido from making it a morning ritual? Beyond that, what actions

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Access to Condo Records – No Fishing Expeditions

In a prior blog post published several years ago, we reported about a condominium unit owner, Mr. Lahrkamp, who successfully obtained a court order requiring his condominium corporation to provide him with redacted copies of board minutes and proxies.  

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Will Toronto’s Proposed Airbnb Regulation Help Condos?

Last week, Toronto’s Executive Committee approved a draft plan to regulate Airbnb. Amongst important changes, Toronto proposes the creation of a new zoning by-law and the adoption of new licensing and registration requirements. It also proposed to limit short-term rentals

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Not-so-super superintendent?

Many high-rise condominiums have superintendents or “supers”. In some condominiums the duties of the super are limited to basic maintenance obligations. In others the super is more like superman, with duties ranging from handyman to complaints investigator.  Sometimes the super

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The future of cleaning (part 2): Condo Disruption Series

Years ago in the early days of my professional life I was sharing a place with a friend. We knew each other well enough to know we needed a cleaning lady. Both of us were clean by nature, but as

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The future of cleaning (part 1): Condo Disruption Series

Cleaning services. Probably not the first subject that comes to mind when thinking about disruption in the condo world. But there is a lot in store for condos that will require serious thought from boards and management.   Read the article……………

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When is a developer not a developer? The Owners Strata Plan No 66375 v Suncorp Metway Insurance Ltd (No 2)

The plaintiff is the Owners Corporation in respect of a mixed residential and commercial strata development in Camperdown (the development). The development involved the conversion of a warehouse complex owned by Mr and Mrs King (the Kings). The Kings had

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Can a Condominium Corporation Prohibit the Display of the Canadian Flag?

With Canada Day just around the corner and important festivities expected to take place this year for the 150th anniversary of the Confederation, Canadian flags will start popping up everywhere. How are condominiums to deal with requests from owners wishing

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Time-saving tips for better board meetings

In the condominium world, meetings take place several times a year — often monthly, but sometimes more frequently if there are contentious or pressing items that require a decision. Most board members have probably attended meetings slated to last one

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Update: New Dates for Condo Act (ON)

You’ve probably heard by now that the dates have changed for implementing changes to the Condominium Act, 1998 (“Condo Act”), and various other pieces of legislation under the Protecting Condominium Owners Act, 2015 (also known as “Bill 106”). The start

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Court Orders Sale of Abusive Owner’s Condo Unit

In a recent case, The Owners, Strata Plan NW 1245 v. Linden, the Supreme Court of British Columbia ordered a noisy, abusive condominium owner to vacate and sell his unit within 30 days. In the event that the unit owner

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