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Court Costs Bite Owners Claiming Disability to Keep Dog

In late June I wrote about a case where an owner claimed that she needed to keep an overweight dog in her unit because of a disability. The condominium refused her request because, in the board’s opinion, she failed to

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Introducing the Condominium Management Standards Act, 2015 — Part 3: Scope

Having set the historical context in part 1 and part 2 of this series, we turn to Bill 106 and the scope of the proposed new CMSA.       Read the article………….

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How to Remove a Condo Director Who Is Acting Unethically

We are often asked what can be done about a rogue director or about a director who acts unethically. This question sometimes comes from other directors and often from dissatisfied owners. The traditional way of removing a director is either

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What Will Condo Property Management in Toronto Look Like 5 Years From Now?

Toronto is a leading place for growth in Ontario, and for all of Canada in general. The latest census figures have revealed that the city has been experiencing significant expansion over the past several years.   Read the article………….

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Top Challenges Faced by Condo Board Members and How Skilled Toronto Property Management Companies Can Help You Face Them

Being on a community’s condo board of directors is not for everyone. While the board is comprised of unit owners from the building itself, and represents the interests of the owners when it comes to management of the condo corporation,

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Important Facts to Know About Your Condo Board of Directors and How They Work with Property Managers

If you have lived in a condominium community, you have probably heard a few phrases used on a regular basis. You may have heard about common elements and condo units, property managers and boards of directors, and various other terms.

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Common Misconceptions About Toronto Condo Property Management: Do You Really Know What Your Condo Management Company Does?

Condominiums have legally been around in Toronto for more than 40 years. In that time, the market has grown exponentially, with an estimated 20,000 units coming into the market each year for the past couple of years.   Read the article………..

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Introducing the Condominium Management Standards Act, 2015 — Part 2: Early Steps

In this second instalment of our close examination of the proposed new Condominium Management Standards Act, 2015, we look at the steps taken by the condo managers themselves to improve standards, forming the genesis of a true self-regulated profession and

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Introducing the Condominium Management Standards Act, 2015 — Part 1: Context

Condo manager licensing and regulation is the focus of our first in-depth examination of the changes proposed in Bill 106 (Protecting Condominium Owners Act, 2015). This is a natural choice considering that manager licensing and regulation constitutes the largest change

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Rights and obligations of condo tenants: owner’s obligations when leasing a unit

One of the hot topic nowadays in the condominium industry pertains to tenants in condos, short-term leasing of units and Airbnb type of short-term rentals. In this post, and in more to follow, I will be blogging about the rights

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Rights and Obligations of Condo Tenants: Owners’ obligations when Leasing a Unit

One of the hot topic nowadays in the condominium industry pertains to tenants in condos, short-term leasing of units and Airbnb type of short-term rentals. In this post, and in more to follow, I will be blogging about the rights

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Five trends in digital notice boards in condos

Long gone are the fear of technology, the ups and downs (pun intended) of elevator installations and the quest for an affordable solution specific to condos that were common to digital notice boards in their infancy. As the industry has

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“The Donald” Trumps condo buyers by avoiding trade-mark licensor liability

United States presidential candidate Donald Trump avoided liability for alleged misrepresentations of the attributes of purchased hotel condominium units by a developer that is licensed by one of Mr. Trump’s corporate affiliates to use Mr. Trump’s name and trade-marks for

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Condominium Act Amendments – July 2015 (ON)

Proposed amendments to the Condominium Act have now received first reading. The following chart is intended to be a list of the “highlights” that we see in the amendments. Note that this is not intended to be a comprehensive list

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How To Be A Good Property Manager That Residents Love

Wondering how to be a good property manager? Being respectful, organized, and efficient will make residents and your management company love you!     Read the article……….

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6 Important Rules That Will Preserve the Value of Condos

After extensive research based on which I wrote numerous articles on the subject of condominiums — their inherent ownership problems, expected physical longevity, and the role they play as an alternative housing arrangement — it became evident that 15 years

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‘New Condo Act’: Tight Deadlines for Corporations to Adopt and Disclose Their Budget

In this installment on the changes Bill 106 may bring to the existing Condominium Act, we focus on the changes expected to affect how corporations adopt and disclose their yearly budgets.  Bill 106 proposes to add an entire section on

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Kids in condos and noise complaints

With a growing number of Ontario households raising children in condominiums, many in the condo industry may have read a recent news report from British Columbia with interest: A family — consisting of mother, father and two sons, aged two

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Condo Board Director’s Selfish Behaviour Breached Obligations (ON)

Without condominiums, Toronto would have a serious shortage of rental space. Condos account for a growing percentage of the rented units in the city of Toronto, where the vacancy rate is just 1.5 per cent. It is taken for granted

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Navigating the New Bill (Bill 106 – Ontario – Part 3 of 3)

Not only can reading Bill 106 feel like traipsing through a muddy stream on a rainy day, it can also feel like having to dive back into that stream once you have finally escaped.  In Part 1 of this guide

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Navigating the New Bill (Bill 106 – Ontario – Part 2 of 3)

As we mentioned before, reading Bill 106 can feel like traipsing through a muddy stream on a rainy day. In Part 1 of this guide to reading the Bill, we provided an outline of the Bill’s structure and basic contents.

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Navigating the New Bill (Bill 106 – Ontario – Part 1 of 3)

Before we get into discussing Bill 106’s contents and effects in detail, we thought it might help to explain how to read it. Reading legislation can be challenging at the best of times. Reading a bill like this one, that

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Dog Evicted from Condominium Because the Occupant Failed to Prove Her Disability (ON)

Many condominium corporations have rules imposing weight restrictions on pets allowed in the condominium. These restrictions often oppose occupants who wish to keep their pets and corporations who have a duty to enforce their governing documents. This is exactly what

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Privacy rights apply to condo common areas (ON)

Residents of condominiums have a reasonable expectation of privacy in the common areas of their buildings, Ontario’s top court ruled Tuesday.  In upholding the acquittal of an accused drug trafficker, the Court of Appeal said police had breached his rights

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Directors’ Qualifications and Disclosure Obligations Proposed Under the “New” Condo Act

Bill 106 was introduced at Queen’s Park on May 27, 2015. If adopted, it will introduce sweeping changes to the governance and management of condominiums in Ontario. Since the introduction of this Bill, we have been blogging on the proposed

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Dog Restrictions and Disabilities

I am regularly asked by clients to assist them with enforcement of dog restrictions (i.e. weight limits) or complete prohibitions in a condominium’s documents. Sometimes an owner will claim that he or she needs the dog because of a disability.

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Amendments to the Condo Act: the New Condo Authority and Condo Tribunal (ON)

As announced in our post of May 27, the province of Ontario finally released its much anticipated proposed amendments to the Condominium Act. If made into law, Bill 106 will serve to amend our 15 year old Condominium Act as

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The latest in the Orr v. MTCC 1056 Saga: Court of Appeal Decision on Costs (ON)

The Court of Appeal has released a further decision on the implementation of its December 2014 decision and the costs. For those unfamiliar with the Orr v. MTCC 1056 case, you can read more in my previous post.   Read the

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Email Exchanges Between Directors Can Be Defamatory

Directors should be careful about what they email to one another or what they email to owners. There are plenty of instances where communications between directors (or communications to owners) have lead to defamation lawsuits.    Read the article………

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Master HOA Rental Restriction does NOT apply to Subassociation Condominium

In 2012, Alan and Erika White purchased a condominium in a subassociation of the Lakeland master community (Lakeland) in Auburn, WA. The master community is a mix of single family homes and condominium subassociations. The Lakeland declaration contains a provision

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How a condo board divided can remain united

Ideally, board meetings proceed with respect and decorum, where directors discuss issues and provide direction in a civilized manner. In some condominium communities, the boardroom is treated more like a battlefield.    Read the article……..

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Should Your Condo Corporation Pay HST If It’s Not Specifically Included in a Quote?

Have you ever faced a situation where a contractor requested taxes over the quoted price? How much should your condominium corporation budget for if all that the contractor quoted was a flat amount without details as to whether it includes

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What to Do When AirBNB Moves into Your Condominium Complex?

Many condominium corporations have had to struggle with owners (or occupants) leasing their units on short-term basis, through AirBNB or other similar short-term rental organizations. These kinds of rentals increase traffic and the burden on the rest of the condominium

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What happens when lawyers forget to transfer title to parking units?

The situation is usually something like the following: Mr. Jones decides to buy a residential unit in a high-rise from the owner, Ms. Smith. The Agreement of Purchase and Sale indicates that Mr. Jones is purchasing the residential unit (Unit

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The Secrets to Handling Negative People in Your Board of Directors

All-in-all, many board members are people who simply care about the community in which they live and who sincerely want to do what is right for the condominium residents. They are often fairly well organized and willing to help out

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Living Small: Five things to know about joining a condo board

It’s a volunteer gig that can suck up hours of time, makes you responsible for a six-figure budget, and can earn you more knocks than praise.  But condo boards — the volunteer entities responsible for managing the finances and operations

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A reasonably prudent director

Condo directors in Ontario are expected to exercise a certain degree of attentiveness, caution and prudence while carrying out their duties. This expectation is known as the “standard of care” and is set out in section 37(1) of the Condominium

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Can Condo Board Meetings Be Held Electronically?

With today’s technology, it is very easy for anyone to participate in meetings by telephonic, electronic or other communication means. We are often asked by condo directors whether it is possible to hold their board meetings electronically as opposed to

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Condo Disputes and Unreasonable Neighbours

Living in a condominium most often involves sharing space with others. Different living styles, customs, religions, ethnicity, ages, food, etcetera, all requires a great deal more consideration and accommodation than the privacy afforded by living in a single detached home

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Condominiums Have an Obligation to Prevent Smoking in Common Areas (ON)

Earlier this year, the province of Ontario prohibited smoking on patios of restaurants and bars. We already blogged on whether this new prohibition prevented smoking on exclusive-use balconies in condominiums.  While this recent change in the legislation does not appear

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The Dirt: Changes to common elements among trends as condos age (ON)

Condominium legislation has been available in Ontario for decades, went through at least one massive overhaul in 1998, and is about to go through another revamp any day now after an exhaustive public consultation and review process.     Read the

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Failing to Repair and Maintain Common Elements Can Amount to Oppression

In a case released this week, an Ontario court concluded that it is sometimes insufficient for condominiums to simply investigate and passively attempt to resolve problems with common elements. In Wu v. Peel Condominium Corporation No. 245 the court concluded

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Condo oppressed owner when it failed to address noise

You have probably all read about the oppression remedy in section 135 of the Act. As a recap, section 135 allows an owner, corporation, declarant or mortgagee of a unit to make an application to the courts where the conduct

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Can Condos Prohibit Smoking on Balconies?

As part of the province’s Smoke-Free Ontario Strategy, Ontario has taken a further step towards a smoke-free Ontario. As of January 1st, 2015, it is illegal to smoke on or around children’s playgrounds, publicly owned sports fields/surfaces and all bar

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Condo Law Digest – May 2015

Ballingall v Carleton Condominium Corporation No. 111, 2015 ONSC 2484 Decision Date: April 21, 2015  This case involves a condominium corporation located near Carleton University in Ottawa. Although the Declaration specified that units were to be used only as single family

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Strata Property: Right to Privacy v. Necessary Repairs (Canada)

What happens when a strata unit owner’s right to privacy conflicts with the need for common property repairs? Generally, the unit owner will lose out to the strata council, provided the strata council acts reasonably and for a legitimate purpose.

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A Director Should Not Act Against the Rest of the Board

Last week, the court rendered a lengthy decision in the Ballingall matter. In this court case, we represented a group of unit owners who successfully enforced the “single family” provision found in the corporation’s declaration. Our previous post on this

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Director breached duties in disagreement with the board (ON)

A case recently released provides a great summary of enforcement principles in condominiums. Briefly, it was an application by a group of owners against the condominium and one of the directors. The owners claimed that the condominium was not enforcing

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A Condominium Declaration Can Prohibit Short-term Rentals to Unrelated Students

In a recent Ottawa case, the court confirmed that a condominium corporation can (and should) prohibit the leasing of condo units to unrelated tenants when the condo declaration limits the use of the units to “private single families“.  Read the

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Creating a Non-Smoking Bylaw – Steps For an EXISTING Strata Building

If the vast majority of members on a strata council are supportive of creating a non-smoking bylaw, getting the resolution on the agenda at an Annual General Meeting should be easy to do. Due diligence is important, and building support

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