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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.

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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

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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

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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.    

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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

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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

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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………….

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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…………

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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

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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,

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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…………..

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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

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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

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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

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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

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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

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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

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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

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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

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Three Condo Association Predictions for 2017

Happy 2017! 2016 is behind us with all of its craziness – Surprise election results, various Condo Association policy changes, Pokemon Go, Hatchimals – there was something for everyone. One of the most interesting things in 2016 has been the

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Your how-to guide to a condo purchase

Condominium ownership offers convenience, security, luxury and comfort. But it also comes with its own vocabulary. Don’t let the lingo overwhelm you – here’s a quick guide to common terms you will need to know if you’re purchasing a condo.

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Why Are Reserve Fund Studies Wrong 18 Out Of 25 Times?

Sounds like a university math problem, but it isn’t. Math problems have answers. Reserve fund studies are subject to numerous assumptions beyond anyone’s reasonable control. One such assumption made by far too many reserve fund planners (one that has been

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Looking Back at Condominium Law in 2016 – The Highlights

As we are quickly approaching a new year, we’ve taken a look back at the condominium legal landscape in Ontario over the past year. This has been quite the year, with a number of notable case decisions released by the

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Bill 132 – Update to Workplace Harassment: Is Your Condo Compliant?

A condominium corporation is an employer for the purpose of the Occupational Health and Safety Act (OHSA), and therefore is required to adhere to the obligations under the OHSA relating to prevention of workplace violence and harassment. Such obligations include

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15 Helpful Steps to Create a Budget for your HOA or Condo Association

Budgeting for a community association is both a difficult task and a massive responsibility. The process is a marathon, not a sprint. If you wait too long to start budget preparations, you’re adding the burden of last-minute panic to an

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Bill 132 – Update to Workplace Harassment: Is Your Condo Compliant?

A condominium corporation is an employer for the purpose of the Occupational Health and Safety Act (OHSA), and therefore is required to adhere to the obligations under the OHSA relating to prevention of workplace violence and harassment. Such obligations include

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Advances in fire alarm technology

Fire alarm technology is an important consideration for any apartment building owner today. By installing a current system featuring the latest advances, facility owners and managers can better commit to the safety of an apartment building’s occupants and help to

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Unit Owner Sues Condominium Directors and Manager for Conspiracy

A dispute between a commercial condominium unit owner and the condominium corporation concerning access to a garbage room and service laneway, resulted in the unit owner suing the condominium corporation, as well as the individual directors and the condominium manager.

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Five ways analytics can improve condo management

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

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Draft General Regulation under the Condominium Management Services Act, 2015 available for public review

Just in time for your leisure reading over the holidays, the Ontario Government has introduced a consultation draft of the General Regulation under the Condominium Management Services Act, 2015, for public review and feedback.  The proposed General Regulation focuses on

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My Favourite Condo Lessons of 2016

As 2017 approaches I find myself reflecting on the most important news, cases, and other events from this past year. Here are my favourite condo lessons for 2016: 10. Property Managers may be liable for errors in status certificates. The

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Regulations Under the Legislation to Regulate Condo Managers Are Out For Consultation!

The Ministry of Government and Consumer Services has posted today a draft of the first set of proposed regulations to be adopted under the new Condo Management Services Act. This Act is the legislation which will regulate and provide for

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Japanese Condominium Bans Greetings Within the Condominium Property

It was recently reported that a Japanese condominium has implemented a rule that prohibits residents from greeting each other while on the condominium property. This rule was adopted out of concern for the safety of elementary school-age children living in

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Not So Common Knowledge: BC Supreme Court Clarifies Process for Enforcing Liens against Common Property (BC)

A recent BC Supreme Court decision has clarified the parties that must be named in an action to enforce a builders lien involving common property.  In Primex Industries v. The Owners, Strata Plan LMS 1751, 2016 BCSC 2092, the BC

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Defending (My) Our Castle: A Look at Gun Regulation by Community Associations

On September 6, 2012, David Merritt, president of the Spring Creek Homeowners Association, called a homeowners association meeting to order. Approximately 30 minutes later, Merritt, and former president of Spring Creek Marvin Fisher, would be fatally shot by their neighbor,

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Why Directors and Officers (D&O) Insurance Is A Must For Homeowner Associations

Did you know that volunteering as a board member for your condo or HOA could jeopardize your personal financial security? You’re actually at risk from lawsuits against the board—whether they have merit or not. Having an indemnification clause in your

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The Rights Of Smokers And Non-Smokers Continue To Evolve

The rights of smokers and non-smokers in condominiums continue to evolve across Canada.  The Smoke-Free Ontario Act prohibits smoking in the interior areas of the common elements of all condominiums, and also prohibits smoking on outdoor patios of bars and

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Board given a bumpy ride over bicycle storage: Condo Law

I am the president of our condominium corporation where a bicycle shed is now needed to store a riding lawnmower. The current board had a new shed built for bike storage to support the existing ban on keeping bicycles on

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When Developers Abandon Unsold Units

I’m sure some of you have experienced it before. For whatever reason, sometimes developers have units that they have not sold. Typically, it is the parking units or storage lockers. Other times the developer fails to transfer telecommunications, mechanical, or

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Airbnb Is Incompatible with The “Single Family Use” Provision of Most Condo Declarations (ON)

With the growing interest in the “sharing of economy”, Airbnb and other short-term rental websites are often causing headaches within condominium communities across the province and beyond. In many cases, condominium corporations have had to adopt rules to attempt to

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Condominiums Battle Against Short-Term Rentals

With the growth in the “sharing economy”, many condominiums have been forced to turn their minds to the issue of short-term rentals. While some investor owners are listing their units on short-term rental sites in order to maximize the revenue

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Can Condo Owners Lease Out Their Parking Space?

CBC news recently reported on a Uber-style app that connects drivers looking for parking with people who want to lease their parking space. The article warned that the City of Ottawa zoning by-law does not allow the rental of residential

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How to Make Good Governance Policies for Condo Boards

Policies may not seem like an exciting topic, but they are crucial to the success of any condo board. I divide policies into three areas: governance, financial, and communications. An earlier post described best practices in communication. In this post,

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Key takeaways from the 20th annual condo conference

This year marked the 20th anniversary of the annual ACMO/CCI-Toronto Condominium Conference. Taking place from November 11-12, 2016, the theme of this year’s conference was “Shaping the Future”.  With the regulations under the amended Condo Act expected to be rolled

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Condo Owner’s Request for Administrator Denied by Court

In a prior blog post, we reported about a case, (Middlesex Condominium Corp. No. 195 v. Sunbelt Business Centres (Canada) Inc.) involving a hydro expense dispute in a mixed-use commercial/residential condominium. In that case the condominium corporation was successful in

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The Condo’s Lien Right – When Does Default Occur?

Recently, the court released an interesting decision on cost awards against owners and the right to lien.The facts are lengthy, but it is important to understand the background.  The condominium brought a compliance proceeding against one of the owners. The

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Using a By-law to Control Parking (ON)

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

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How Much Time Does a Condo Have to Register a Lien? (Part 2)

In Ontario, condominium corporations can register liens against the unit of an owner who defaults in paying his or her common expenses. Once the lien is registered, it grants the condominium priority over the mortgage. This very powerful tool to

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Probe underscores need for good record-keeping (ON)

Taking minutes for condo board meetings is a task that not everybody enjoys, but one that needs to be done in order to meet Condominium Act requirements. As most board members and managers understand, minutes serve to protect unit owners,

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BC’s Civil Resolution Tribunal’s first decision: move along, not much to see here

The Civil Resolution Tribunal of British Columbia is one of the most world’s most advanced online dispute resolution projects within a formal court and tribunal structure. As such, it has attracted much interest and analysis – not least in previous

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