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Community Culture and Resident Participation

One of the advantages of living in a condominium community is the sense that your family resides in a small village within an ever growing city. As proud members of our communities we have witnessed positive and lasting results every

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Condominium Corporation Conflict Management and Resolution

Conflict exists all around us. It is neither good nor bad but it is how we handle conflict that matters. Most people do not like conflict and will do almost anything to avoid it. Anything except the obvious, that is,

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Bill 106: Modifications: Part 1

Not every change to the Condominium Act, 1998, (the “Act”) that is proposed by Bill 106 is necessarily a big one, but even the minor amendments can significantly alter the way things are done or thought about. Such are the

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New Rules Applicable to Condominium Corporate Records Under the “New Act”

Bill 106 (the Act aimed at amending Ontario’s Condominium Act and other condominium-related legislation) is still before the Standing Committee on Finance and Economic Affairs. This Committee held two public hearings recently, on October 22 and 29, 2015. With the

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Introducing the Condominium Management Services Act, 2015 — Part 7: New Obligations

Now that the Standing Committee on Finance and Economic Affairs has concluded its public hearings and shifts to a line-by-line review of Bill 106 (of which Schedule 2 contains the proposed Condominium Management Services Act, 2015), we hasten to finish

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9 Ideas for Resident Events That Build Happy Condo Communities

No matter where you live, a bonded community is the backbone of a good neighborhood, and it’s an essential part of running great condo communities.    Read the article…………..

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Enforcing Payment of Shared Facilities Costs

Many condominium corporations share facilities with other condominium corporations or other properties. Usually there is an agreement in place which obligates all parties that use or benefit from the shared facilities to contribute to the costs of operating and maintaining

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Correcting a Conveyancing Error Where Title to a Condo Parking Unit Was Inadvertently Not Transferred

A condominium owner about to sell his residential unit and parking unit was surprised to find out that due to inadvertence when his real estate purchase transaction closed, legal title to the parking unit was never transferred to him.   Read

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Property Management Horror Stories You Can Learn From

In property management, horror stories are not what you want to be a part of, and yet, anyone with any experience can tell you a few.  Edgar Allan Poe was a master of horror stories. From the first lines of

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Condo too aggressive; court awards no costs.

A condominium corporation commenced an application against unit owners seeking orders that they obey the rules, be quiet and leave others alone. The owner commenced a counter-application for the same relief against the condominium. Most of the dispute related to

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Excessive Use of Water by Condo Unit Owner (ON)

In a recent Small Claims Court decision, MTCC No. 659 v. Truman, the Court considered whether a condo corporation could charge an owner for disproportionate and excessive use of water in the owner’s unit.    Read the article……………

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Bill 106 Passed Second Reading and Was Sent to Committee (ON)

Finally! After more than 10 hours of debate in second reading at the Ontario Legislative Assembly, Bill 106 (an Act to amend the Ontario Condominium Act and other related legislation) passed second reading. This Bill has now been referred to

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7 Important Questions to Ask a Property Manager About Condo Living Before You Buy

When you are looking at condos, and thinking about where you’re going to be living for the next 5, 10, or 20 years, what do you think about? Maybe you envision a quiet morning sipping coffee on your deck or

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Changes, Maintenance and Repairs Under the ‘New Condo Act’

Some of the most important changes proposed in Bill 106 (which is the proposed legislation aimed at amending our Condominium Act) deal with the responsibilities and obligations related to changes, maintenance and repairs of units and of common elements. Indeed,

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Condominium Management Agreement – The Sequel

Last December we reported on a case where the condominium corporation terminated a property management agreement for cause and without notice, relying on a clause in the agreement which allowed it to terminate if the manager was “insubordinate, reckless or

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Court cases

Here is a link to some edited court judgments affecting condominium owners in Canada.  Most of the cases were heard in Ontario Superior Court with a few in Appeals Court, small claims court, Human Rights Tribunal or were heard in other

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Rights and Obligations of Condo Tenants: Compliance with the Condominium Act and Governing Documents

My previous post dealing with the rights and obligations of condo tenants focused on owner’s obligations when leasing a unit. In this post, I will deal with compliance issues and in particular with the tenant’s obligation to comply with the

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Accommodating mental illness in condos

Accommodating mental illness in a condominium setting is no trifling obligation.  Just like physical disability, both the courts and the Ontario Human Rights Tribunal require that mental illness be accommodated up to the point of undue hardship. This is, by

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Interesting decision on material change from 40% increase in monthly fees

A new case sheds some light on the requirements for notice of a material change. Section 74 of the Act requires the developer to notify purchasers of material changes in any information contained or required to be contained in a

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Time Limit for Special Assessments to be Challenged

Condominium owners are never happy to hear the news that their condominium corporation is levying a special assessment.  In a recent case, Tarko v. MTCC No. 626, one owner took the corporation to court on the basis that the expenses

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Introducing the Condominium Management Services Act, 2015 — Part 6: Transparency and Accountability

Though most condo management firms carry on honourable businesses that well-serve their clients (often under the direct leadership of their top brass who are personally involved in the operations and take ownership of problems), some firms demonstrate little or no

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10 Ways to Prepare for the Ontario Condominium Act

Change is coming. The Ontario Condominium Act, which is expected to go into law at the end of 2016, will bring fundamental change to the way condos in Ontario are governed.   Read the article………..

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Ontario politicians debate bill proposing condo insurance changes, licensing of condo managers

A proposal to update Ontario’s condominium insurance rules, and to license condominium managers, is currently before the legislature.   If passed into law, Bill 106 “would update rules and requirements relating to insurance when damage occurs to a unit or the

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Accommodating mental illness in condos (ON)

Accommodating mental illness in a condominium setting is no trifling obligation.  Just like physical disability, both the courts and the Ontario Human Rights Tribunal require that mental illness be accommodated up to the point of undue hardship. This is, by

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To What Extent Should Condominium Corporations Indemnify a Director Who Has Been Ordered to Pay Costs? (ON)

For those following the case opposing a Durham condominium corporation to its former director Leslie Swan, the Court of Appeal has issued its decision on question of costs. Unfortunately, we will have to wait a while longer before we find

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Bill 106 Highlights – The Condo Guide

With the rapid rise in the number of condominium projects being constructed, many purchasers of units are first-time condominium owners. For this reason, many purchasers do not have a complete understanding of how condominiums operate and how condominium ownership differs

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ON: The ‘New Condo’ Act Moving to Second Reading

You will certainly recall that Bill 106 (the Act to amend our 1998 Condominium Act and to enact other condo-related legislation) was introduced to the Legislative Assembly of Ontario for first reading on May 27, 2015. After the dog days

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Condo Pet Eviction – Cost Ramifications

In our last blog post, we wrote about a pet owner who was ordered to permanently remove her dog from a condominium unit after she failed to establish that she had a disability under the Human Rights Code which the

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The Challenges of Managing a High-Rise Building: What Every Property Manager Needs to Know

Nearly every Toronto property management company offers administrative services, condominium services, financial services and maintenance management services. While most multi-unit properties will have the same requirements, the action plan will differ depending on the type of building.    Read the

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Enforcement of Payment Obligations (ON) (Bill 106)

As discussed in a previous blog entry here, Bill 106 proposes to establish a more balanced playing field between condominium corporations and unit owners with respect to the enforcement of payment obligations.     Read the article…………

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Former Director’s Six Year Battle with Condo Continues… (ON)

As a recap, Swan was elected as a director in June of 2009. He often disagreed with the other directors about the management of the condominium. Two months after he was elected he started a claim against the condominium and

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Managing Condo Managers

As we have noted before, Bill 106 is not a new Condominium Act. When the Bill is proclaimed into law, the Condominium Act, 1998, will continue to be the legislation governing condominiums in Ontario. But Bill 106 introduces many substantive

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Condo Pet Eviction After Court Rejects Human Rights Claim

As we have reported in prior blog posts, many pet owners who have breached the pet restrictions in their condominium documents will go to great lengths to keep the pet when the condominium corporation takes steps to enforce these restrictions.

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More about the proposed new Condominium Authority Tribunal

As we have discussed in previous entries (see here and here), Bill 106 proposes to create a non-profit and self-financed tribunal known as the Condominium Authority Tribunal (“CAT”), to provide a more streamlined, quicker and less costly dispute resolution process

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What Condo Companies Can Do About Airbnb-like Organizations

Cheap, short-term rental accommodations through companies like Airbnb Inc. are popular for travelers and condominium owners, however they are not as appealing for condo corporations when they occur in their condo complexes. Short-term renters have less reason to be invested

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The “New Condo Act” Will Significantly Affect the Calling of Special Owners’ Meetings

Bill 106 (the bill presenting changes to the existing Ontario Condominium Act) proposes significant changes to the process by which condo owners can requisition and force the holding of a special owners’ meeting. This post will focus on this.   Read

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Introducing the Condominium Management Services Act, 2015 — Part 5: Restricted Practice

In our last piece, we reviewed the threshold for being granted a license as a condo manager or management services provider. Let’s now explore whether skirting those requirements is possible.    Read the article…………

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Comments from the Courts on Costs

There have been a two interesting decisions on costs released this month.  Ballingall v. Carleton Condominium Corporation No. 111 is the case I posted about previously where a group of owners commenced an application against the condominium and one of

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Quiz: Could You Be One of the Top Property Managers in Toronto? Answer These Questions and Find Out

Property management is a growing industry in Canada. From 2011 to 2012 alone, the last years for which data is available, the industry grew by $282 million nationwide, to nearly $5.6 billion.  This growth is set to continue, particularly in

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The Top Tools, Technologies, and Processes Property Managers in Toronto Should Be Using

Effective property management requires many skills. From the ability to mediate disputes to the keen attention to detail needed to keep records and files straight, certain qualities are a must when it comes to being a good property manager.   Read

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Introducing the Condominium Management Services Act, 2015 — Part 4: Threshold

Before continuing our exploration of the CMSA, we thank our friends at the Ministry for pointing out that we had misnamed the CMSA in our earlier pieces as Condominium Management Standards Act when the correct name is Condominium Management Services

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Condo Directors Must Be Willing to Compromise and Find Solutions

You may recall our blog on the Ballingall decision, released in April. This case dealt with the enforcement of a single-family provision in a condo declaration. In its decision on costs, released this morning, the Superior Court of Justice reminds

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Oh Canada! Five surprising facts about by-laws in British Columbia

Canada is often seen as the peaceful and polite nation that sits on top of the United States. It’s also home to a province that uses the strata title system and a more complex version of our by-laws.  Following are

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Court orders clean-up of bug infested condo unit

Dealing with an owner whose unit is filthy, smelly and bug-infested is a challenging situation for any condominium corporation.  In a recent case, YCC No. 41 v. Schneider, the corporation found itself in court for a second time after the

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How Will the “New Condo Act” Affect the Calling and Holding of AGMs?

As part of our review of the proposed changes to the Condominium Act, this post will focus on how Bill 106 would affect the calling and holding of condos annual general meetings (“AGMs”).    Read the article…………

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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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