Virtual Meetings- The Recording (ON)

Now that condominium corporations are starting to conduct their meetings virtually, questions are being asked about the requirement to record a virtual meeting, whether recording a meeting is contrary to privacy laws and whether owners are entitled to a copy of the recording.    Read the article…………………………………

Planning to install EV chargers in your condo? You’ll need a plan

The first battery-electric and plug-in-hybrid electric vehicles entered the market over 10 years ago. Since then, countless home charging stations have been purchased and installed to provide the convenience of leaving home with a “full tank” every morning.  However, due to the current growth in the market, every day people ask me about the cost […]

Condominium Manager Burnout

Before COVID-19, most condominium managers were required to be in the office to perform their many tasks, getting ready in the morning, commuting to the office every day, and spending time answering phone calls, emails, etc. We were required to be in the office every day because we all believed that was the only way […]

Upcoming Amendments to the Condominium Act (ON)

The Ministry of Government and Consumer Services has confirmed that new amendments to the Condominium Act, 1998 will come into force on January 1, 2021.  These amendments (to sections 1(1), 71.1, 72(1), 72(2), 73(1), 73(2), and 161(1)) will introduce requirements related to the preparation of a condominium guide (“Condo Guide”) and the required delivery of […]

The Theory of Reserve Fund Planning – A Primer (ON)

Section 94 of Ontario’s Condominium Act (the Act) describes the obligation of every condominium corporation to prepare and implement a new reserve fund plan following each reserve fund study. And the Act says that the reserve fund plan is to be prepared so as to result in a fund that is adequate “within a prescribed […]

Chairing a Condo Virtual Meeting (ON)

Many condominium corporations have now had their first virtual meeting and after experiencing the process, are seeing some of the benefits of using technology for conducting owners meetings. We expect to see the continuation of virtual meetings and electronic voting as the “preferred” way to hold owners meetings, even once the pandemic is over.    Read […]

A Little Bit of Guidance Respecting Minutes (ON)

A recent decision of Ontario’s Condominium Authority Tribunal (CAT) offers a little bit of guidance when it comes to preparation of meeting minutes.  In the recent case of Yeung v. MTCC 1136, CAT has offered some guidance in relation to preparation of minutes.    Read the article………………………………

Virtual or In-Person Meetings During a Pandemic: Which is Best?

Unlike in past years where I would have attended several owners’ meetings in a week during the busier times of the year, this year I have only attended a handful of in-person owners’ meetings since March. Most clients initially deferred their AGMs in the Spring. Since the deadline for holding AGMs will not be extended […]

Solicitor-Client Privilege – Another Piece of the Puzzle (ON)

In the case of Gale v. Halton Condominium Corporation No. 61, the condominium corporation wrote to all owners advising that a “small group of owners” had caused the condominium corporation to incur extra legal costs by making numerous requests for records, which requests required input from the corporation’s legal counsel.   Read the article……………………………..

What Is That Smell? (ON)

With the growth and use of cannabis now legal, condo communities that currently receive complaints of odour problems are likely to increase. Buildings currently without odour concerns may find they have to deal with them as a new concern.  The reality is that more condo residents are likely to complain of unwanted odours entering their […]

Amlani and indemnity provisions – All Bark, no bite? Not quite

When Amlani v. YCC 473 was released at the start of the year, it was the immediate frontrunner for “2020 Condo Case of the Year”. YCC 473 appealed and even in a year of fascinating cases, the Amlani decision still holds its seat at the top of that mountain.    Read the article……………………………..

Condo Act Changes Expand CAT’s Power Over Disputes (ON)

An amendment to a regulation under the Condominium Act of 1998 will expand the Condominium Authority Tribunal’s (CAT) authority over disputes.  The changes were announced in a release from the Condominium Authority of Ontario (CAO). The news is a boon for condo owners and members of condominium associations across the province, as it will allow […]

Condo Hybrid Meetings (ON)

Over the past few weeks there has been lots of discussion among board members and condo managers about getting ready to hold “hybrid” meetings. But when you ask what exactly is a hybrid meeting, the answer usually is “a virtual meeting and an in-person meeting”.    Read the article…………………………..

Expansion of Disputes at Condominium Authority Tribunal- Fresh off the Press! (ON)

Fresh off the press, the Ontario Ministry of Government and Consumer Services has announced that pursuant to ONTARIO REGULATION 179/17, effective October 1, 2020, the Condominium Authority Tribunal (the “Tribunal”) will be dealing with a lot more condo disputes through its online dispute resolution system. Mores specifically, the Tribunal’s jurisdiction is being expanded to include […]

B.C. Court Of Appeal Weighs In On Legal Representation In CRT Proceedings

A recent Court of Appeal decision, The Owners, Strata Plan NW 2572 v. Booth, 2020 BCCA 153 (“Booth“) illuminates the tension between the exclusive jurisdiction of British Columbia’s Civil Resolution Tribunal (“CRT”) over certain disputes and an insurer’s duty to defend.    Read the article…………………………….

Bill 16: The changes that every co-owner should know about (QC)

In Quebec, most condos can be classified as divided co-ownerships. That means the building has private areas (the owners’ units) and common areas that all of the owners share (party rooms, pools, outdoor spaces, etc.).  The Quebec Government passed Bill 16 in December of 2019, and this new law will impact some of the legislative […]

Virtual AGM’s and Owners Meetings- How does Voting Work? (ON)

Now that condo corporations are doing virtual meetings, many managers, board members and even condo lawyers, are asking questions about how voting works with virtual meetings.  Let’s remember that prior to the pandemic, electronic voting was being used as a form of voting by many condo corporations that adopted the electronic voting by-law that was […]

Bill 16 Establishes Deposit Protection For Condo Unit Buyers (QC)

Stories where an aborted new condominium project resulted in unit buyers losing their deposits are still all too common.  On December 6, 2019, the National Assembly of Quebec adopted Bill 16 entitled An Act mainly to regulate building inspections and divided co-ownership, to replace the name and improve the rules of operation of the Régie […]

Back to Basics: Adopting a Condo By-law (ON)

We have all spent the past few months discussing the nitty gritty of how a pandemic affects a condominium, its directors, managers, and owners. At the time of writing (knock on wood), the public health crisis seems to be relatively under control in the province of Ontario.  We therefore take this opportunity to go back […]

Condo communities build up resilience in 2020

Several condo communities across southwestern Ontario with larger concentrations of senior citizens quickly watched their everyday routines change like quicksilver as the pandemic hit. Paper copies of board meeting packages and hand-delivered notices morphed into virtual meetings, electronic messaging and crash courses in Zoom.    Read the article………………………………….

Condos Must Act Reasonably or Face Litigation Cost (ON)

The court recently reported the costs decision in the Amlani matter. As many other costs decisions, it is a sobering reminder that condo corporations ought to consider reasonable alternatives to litigation or risk facing costs consequence.   Read the article………………………………

RVs and HOAs

Recreational vehicles (RVs) are loved by many people who enjoy travelling and exploring. They provide temporary accommodations on long road trips or camping expeditions. Retirees may even use their RV to travel from their winter home to their summer home.  However, RVs can be a point of contention in HOA communities.    Read the article………………………………

Section 92 charge-back checklist (ON)

In Beswick v. YRCC 1175, the court held that a condo should not have made exterior interlock and pavement repairs to townhouse exclusive-use common elements without first providing reasonable notice of the expected cost of such proposed repairs to the townhouse unit owners.  Read the article…………………………..

Condominium law changes (ON)

The Protecting Condominium Owners Act is the product of the government’s comprehensive review of the existing Condominium Act.    Read the article……………………………

Condominium Corporations Should Be Cautious When Liening for Chargebacks (ON)

The CCI-T Legislative Committee would like to bring to members’ attention a recent court decision Amlani v. York Condominium Corp. No. 473. The Amlani case will be of significant interest to condominium corporations and condominium managers who rely on indemnification clauses to claim costs of enforcement from unit owners.    Read the article……………………………..

Effectively managing a strata

Much like condo corporations, some strata corporations elect to hire a property manager for their community. Property managers are generally responsible for managing a community’s daily operations and carrying out policies established by the strata council. They work hard to ensure the development runs smoothly, and that lines of communication between council members and owners […]

Insurance Coverage for Condo Contractors- Slip and Fall (ON)

We previously blogged about the importance of maintaining the common elements in the winter with snow and ice posing serious liability concerns. We touched upon the importance of insurance and how condominium corporations should ensure that all of their winter contractors are properly insured. Particulars of the insurance coverage should be provided to condo corporations […]

The new hot seat – the electric (meeting) chair (ON)

Prior to COVID-19, condos could have electronic meetings and electronic voting only if they had a by-law authorizing it.  During COVID-19 the Condo Act is amended to temporarily permit condos to conduct business virtually during a “temporary suspension period” (i.e., between March 17, 2020 and a date at least 120 days from the termination of […]

Always Act Reasonably – the Amlani Decision and a Lesson from the Court (ON)

The Condo Act and a condominium’s governing documents generally give a condo broad enforcement powers to ensure residents are abiding by the rules. Condos often turn to their lawyers to commence expensive legal proceedings as a reliable response to non-compliant residents. In assessing costs against a condo, a recent Superior Court of Justice decision should […]

Virtual Requisition Meetings (ON)

I am hearing reports that many condominiums are postponing their annual general meetings (“AGMs”) due to COVID-19 instead of using virtual means to hold them. Some condominiums are also avoiding decisions that could result in a requisition by owners, such as making changes to the common elements, assets, or services under Section 97 of the […]

Bare-Bones Standard Unit By-law for Condo Corporations (ON)

Over the past year, there has been significant discussion within the condominium industry regarding the challenges faced by many condominium corporations who are finding it difficult to control insurance costs and in some instances even obtaining insurance coverage. Many corporations have been faced with wildly increased premiums and deductibles, which has, in turn, forced corporations […]

Condo AGM Notice of Meeting Packages- Items to Include

In November 2017, the Condominium Act was amended, and various mandated forms were introduced at that time to assist in standardizing information contained in Notices of Meetings for Annual General Meetings (AGMs).    Read the article………………………..

Disruptive and Violent Condo Owner – A Court Decision on Enforcement (ON)

In a recent case titled Peel Standard Condominium Corporation No. 1028 v. Jakacki (2020) ONSC 3697, the Ontario Superior Court was tasked with deciding whether to grant a temporary injunction preventing the Respondent, a unit owner, from using the common areas of the Applicant condominium corporation except for ingress and egress.     Read the article………………………………….

The Owners, Strata Plan KAS 2503 v. Houtstra et al (2019 BCCRT 690) (BC)

Similar to recent caselaw in Ontario, The Owners, Strata Plan KAS 2503 v. Houtstra et al is a decision of the BC Civil Resolution Tribunal (“CRT”), which illustrates the need for condominium boards to act “reasonably”, and in accordance with the law, when claiming chargebacks from owners.   Read the article………………………………

Recent Decisions Support Increased Powers For Condo Boards In Restricting Commercial Activity Within Individual Units (AB)

Many condominium boards have implemented a temporary ban on short-term rentals in an effort to maintain the safety of their residents during the current COVID-19 pandemic. While some may opt to reallow this somewhat controversial use of residential units, others are considering permanently prohibiting this practice in light of ongoing issues arising from short-term rental […]

When a condo board becomes interim manager (ON)

When most people run for their condo board, the last thing they imagine is a situation where they’re actually running the condominium. A condominium is a multimillion-dollar business with hundreds of moving parts, something that a management company is specially trained and licensed to handle. But time and time again, a board of directors is […]

Borrowing Funds for COVID-Related Use

Budgets are likely in flux because of covid-related actions.  Delayed maintenance may have required higher expenditures these past few months, or later in the year. Cancellation of in-suite repairs, such as water damage on ceilings or damaged window seals, may be causing building-wide problems. More residents not working, and spending more time at home, may […]