Managing a condominium unit isn’t a straightforward affair. Depending on the size of the building, you could have over a thousand individual residents in the premises. This means you must provide adequate arrangements for waste removal, recycling, parking, hall lighting, guest facilitation, and more. Read the article…………………….
Condo Energy-Saving Retrofits – Without Upfront Costs!
As utility costs represent approximately 35 to 50% of the budget for high-rise condominiums, reducing these costs can significantly impact a corporation’s budget and the common expense fees paid by unit owners. Smart Energy Recovery (“SER”) is a new eco-friendly company that can assist condominium corporations in making energy-saving retrofits to building equipment and systems […]
Condo Energy-Saving Retrofits – Without Upfront Costs!
As utility costs represent approximately 35 to 50% of the budget for high-rise condominiums, reducing these costs can significantly impact a corporation’s budget and the common expense fees paid by unit owners. Smart Energy Recovery (“SER”) is a new eco-friendly company that can assist condominium corporations in making energy-saving retrofits to building equipment and systems […]
Are emails between directors a record of the condominium? The CAT says… (ON)
Can owners request copies of emails between directors? Can the condominium refuse a record request because the owner’s reason for requesting the records is apparently unrelated to their ownership interests? Must the owner prove their reason is related to their ownership interest, or is the onus on the condominium to prove the reason is unrelated […]
Sexism on Condo Boards? (ON)
Earlier this month, CBC published an article on gender parity on corporate boards across Canada. Its findings were surprising and it made us wonder whether condo boards fared better in Ontario. You may be surprised by the results of our research. Read the article……………………….
Condo Directors Found in Contempt and Fined (ON)
In a recent decision, the Ontario Court of Appeal fined condominium directors for having breached a prior court order. This decision is the culmination of a 3-year legal saga over the landscape of a condominium courtyard. Read the article……………………
Condo Owners not Entitled to the Email Addresses of Other Owners (ON)
Over the years, there has been much debate over whether condo owners have a right to access the email addresses of other owners. Just as we were last blogging on this, the Condo Authority Tribunal was hearing a case on this exact topic. If there was any doubt, we now know: condo owners are not […]
Condos in Trouble
We’ve all heard the horror stories of condominiums with no money in their reserve accounts and significant repair projects that need to be completed. Work orders may have been issued by the municipality because the buildings are falling apart and becoming a danger to the occupants. At best, there are allegations of mismanagement by previous […]
Duty to Accommodate Disabled Residents (ON)
A recent case decision (Polito v. Briarlane Property Management Inc., 2019 HRTO 708) from the Human Rights Tribunal of Ontario (the “Tribunal”) focused on the obligation to accommodate disabled residents. Read the article…………………….
Condo Rules Restricting Co-ed Swimming – Court Decision
Some time ago we blogged about a lawsuit commenced by several condo owners in New Jersey against their condominium association after it instituted rules that restricted mixed-gender swimming in the association’s pool. Read the article………………………
Condo Law Digest – May 2019 (ON)
This action is one installment in a complex dispute involving a developer, a condominium complex (LSCC No. 41), a property management company, and one of the condominium directors. At the heart of this particular dispute is a Shared Facilities Agreement. The issue that inspired this action seems to have been resolved: it was a dispute […]
Voting: All condo units are not created equal (ON)
As discussed in a post earlier this week, there has been some confusion as of late over the phrase “units in a corporation”. Does that mean all units? Only voting units? Owner-occupied units? Residential units? Fortunately, there is a section of the regulations that interprets the phrase. Read the article………………………
Do Police Need a Warrant to Investigate on Common Elements (Part II) (ON)
In this series of posts, we are exploring the question of whether condo corporations can (or should) assist police in the context of an ongoing investigation. In our prior posts, we reviewed two cases where police entered onto common elements for the purpose of their investigation. Read the article………………………..
Challenge to Aging in Condos
Housing aging relatives in a condo rather than in a more supportive care environment can be a security and safety risk not only to those directly affected but to all residents of a condo building. The cost of retirement or assisted living facilities can deplete family resources if an aging relative resides there for an […]
Taking Care of Business: A Strata Council’s Guide to Governing Short-Term Vacation Rentals
California Dreaming is a 120-unit residential strata corporation in Vancouver, British Columbia. Like many strata corporations, California Dreaming is grappling with increasing reports of owners using their strata lots for short-term vacation rentals. The Strata Council has also started receiving complaints from owners who are concerned with compromised building security, insurance coverage, and diminished enjoyment […]
To Borrow or Not to Borrow? How Does the Process Work: Borrowing By-laws (ON)
We previously blogged about common myths regarding condominiums utilizing borrowing by-laws here https://ontcondolaw.com/2017/07/12/condo-financing-myths-debunked. Condominiums have three ways to raise money Read the article……………………..
Want more smart buildings? Amp up the collaboration (ON)
“Smart technologies are defined by their interconnectedness,” points out an ACEEE report on the smart building markets. The companies that buy and sell them, however, are defined by their disconnectedness. Intelligent buildings have been a concept for decades (a quick search turns up a research report from 1991). Sustainability thinkers have been advocating them for […]
CAT says no to owner’s request to see email addresses (ON)
The CAT released a decision confirming that owners are not entitled to receive email addresses provided by owners and mortgagees to the corporation. The case includes an interesting review of the relevant provisions of the Act and regulations related to the record of owners and mortgages and the exceptions to the right to examine records. […]
Condo in a Condo (ON)
Our firm represents a growing number of condominiums that are units (or more commonly parcels of tied land) within larger condominium communities. Layer upon layer of condominium. The top layer is often a common elements condominium. The other layer could be high-rises, a cluster of townhouses, single-detached homes, or a combination of them all! As […]
Condo flooding liability 101 (BC)
You are the owner of a condo unit. The toilet in the condo unit above you overflows, causing water damage to your ceiling and floor. No, your upstairs neighbour does not have to reimburse you for your $1,000 insurance policy deductible, unless you can prove he was negligent. Read the article……………………
Lessons from the CAT (ON)
On April 5, 2019 I attended the ACMO / CCI 1-day Conference in Kitchener. I was asked to speak during the round table discussions and on the legal panel. My topic for the round table discussion was the Condominium Authority Tribunal (CAT). Today I thought that I would share some of the lessons that we […]
Police Surveillance Cameras in Condominiums (ON)
Should police be entitled to install video cameras in the condominium common elements in order to obtain evidence about suspect residents engaged in criminal activities? Read the article……………………
Loss of Quorum on the Board
Many condominiums struggle to find enough candidates to fill the positions on their board. Other condominiums have a hard time keeping directors on the board after their election. Whatever the reason, there are times when a condominium may not have enough people to fill all positions on the board. What’s a condominium to do? This […]
Condo Law Digest – April 2019 (ON)
Mr. Swan owns a unit in DCC No. 45. He served as a Board Member for about 4 months in 2009 before being removed by a vote of the unit owners. After his removal from the Board, Mr. Swan initiated five proceedings against the Corporation in Small Claims Court. These were all dismissed, as was […]
Condominium Corporation’s Right to Enter Unit – A Recent Case
In a recent case, MTCC No. 1328 v. 2145401 Ontario Inc., a condo unit owner was ordered by the Court to allow the condominium corporation access to the unit for the purposes of inspecting and investigating whether there were noises or vibrations emanating from the staircase in the unit that could unreasonably interfere with the […]
Back to School…Condo Resources
Today, I thought that I would do something a little different and list some of the free resources available to those with condo questions. Your condo manager might also be able to help with some questions, like where to find the declaration, by-laws and rules (note: many condominiums have websites where key documents can be […]
Condo Corporation Procurement – Timing is Everything
While some of the amendments to the Condominium Act have been in force for almost 1.5 years (training for directors and disclosure requirements, mandatory licensing of managers, mandatory forms, Condo Tribunal for Corporation’s records, Information Certificates, AGM notices etc.), there are other important amendments to the Act that are not yet in force. One of […]
Do Police Need a Warrant to Investigate on Common Elements (Part I) (ON)
The Toronto Star recently covered an interesting story involving Toronto police having installed a covert camera in the hallway of a condo corporation to assist in their investigation. They did so without a warrant but with the board’s permission. This piece raised privacy concerns, which lead us to ponder on the duties, rights and obligations […]
What’s in the Cards: The Future of the CAT (ON)
Overall, people seem to be pleased with the CAT. The process is generally much quicker, easier, and cost-effective than Small Claims Court, which was the typical way of resolving record disputes before the CAT. Voluntary mediation was an option to resolve record disputes, but few used the process (despite its many advantages over court). Read […]
Court Orders Condo Owner to Enter into Section 98 Agreement (ON)
After a condo unit owner constructed a backyard deck on the common elements abutting the owner’s unit without obtaining the consent of the condominium corporation, the corporation applied for a court order compelling the owner to enter into a section 98 agreement. (D.C.C. No. 43 v. Bradley) Read the article………………….
Must Condos Making Renovations Implement Accessibility Measures? (ON)
Staying on top of accessibility issues can be a challenging task. There are many factors to juggle and many important rights to balance against one another. On top of all of this are the obvious financial and logistical concerns that can accompany making a building accessible. One worry that some corporations may have is, if […]
Electronic Voting for Condos- That Was Easy!
For those of you that are still not clear as to what electronic voting is or have certain misgivings about the process, then read on…… Firstly, I want to thank the Ministry of Government and Consumer Services for introducing electronic voting for condominium corporations in Ontario. It was in November 2017 that I first learned […]
Condo boards shifting rules after legalization (ON)
Lawyers say some Ontario condominiums have been looking to change their rules to restrict cannabis. They say there are options for legally prohibiting cannabis in buildings, such as grandfathering rules to existing residents or owners if those guidelines to prohibit smoking were not in place before the Oct. 17, 2018 legalization date. Read the […]
Elevators Let You Down?
A recent case offers some insight into the standard expected of condominiums and others when it comes to injuries related to malfunctioning elevators in condos. The claim was brought by a unit owner and her mother against the condominium, manager, security/concierge, and elevator servicing company. The plaintiffs alleged that the mother was visiting her daughter […]
Court Approves a Borrowing By-law Despite the Absence of a Majority Supporting it
A very short, and somewhat puzzling, decision was issued in January 2019, which appears to change the level of support required to adopt a condo by-law. The decision appears to have been rendered on an uncontested basis, which may explain the outcome. This blog post is about the LaFramboise v. YCC No. 365 case. Read […]
Condo Corporation Not Responsible for Parking Garage Vandalism – A Recent Case (ON)
In a recent case, Friedich v. MTCC No. 1018, a condominium resident unsuccessfully sued the condo corporation after his vehicle had been vandalized. The corporation had made changes to its security for the garage. The previous telephone entry system was replaced by closed circuit televisions and security guard patrols every two hours. Read the article…………………..
The Battle Rages On… (ON)
A few years ago I wrote about a case that had dragged on for over six years. It involved a former director and a condominium. The director took various steps without legal authorization from the board, including terminating the manager and commencing a legal action against the property management company and its president. The director […]
Negotiating Elevator Maintenance Agreements (ON)
When elevators work as expected nobody takes notice. To most this means they should operate 24 hours a day seven days a week. Maintaining this standard of continuous operation is a challenge for equipment comprised of hundreds of mechanical, electrical and electronic parts. Read the article…………………….
Strata Alert: Province Amends Regulations to Clarify Deposit Insurance Requirements (BC)
The Provincial Government has amended Strata Property Regulation 6.11 (OIC 101-2019 pdf) to clarify deposit insurance requirements for monies invested by strata corporations. Strata corporations will now be able to keep deposits in bank accounts that are not fully insured. Strata’s concerned about deposit insurance on large balances should talk to their strata manager about […]
Court Orders Owner to Enter into a Section 98 Agreement (ON)
In my last post, I blogged about a case where the court sided with the owners after having found that the condo corporation treated them unfairly in the context of a dispute involving modifications to common elements. Again, in Durham Condominium Corporation No. 43 v. Bradley, the court had to deal with a dispute involving […]
Electricity and Water Reporting Obligations: the Who, What, Where, Why & When (ON)
We recently spoke to some managers about legal updates related to laws applicable to condominiums, other than the Condominium Act, 1998. One being the Electricity Act, 1998, and specifically Ontario Regulation 506/18, which outlines the reporting obligations related to energy consumption and water use. There were questions about the “who, what, where, why and when”, […]
Condo Law Digest – March 2019 (ON)
This is a dispute over an Agreement of Purchase and Sale (APS) of a townhouse condominium. The respondent is a condominium developer. The applicants entered into the agreement with the vendor in September 2016 for a unit that they were to occupy in March 2019. The occupancy date was later extended by one year. The […]
Entering a Unit for Enforcement Purposes (ON)
One of the most popular posts of all time on our blog is “Making Entry to a Unit” from 2014. It described the requirements set out in section 19 of the Act: Right of entry 19 On giving reasonable notice, the corporation or a person authorized by the corporation may enter a unit or a […]
Understanding good condominium governance (ON)
Condominium governance is undergoing greater public scrutiny after an investigation by CBC Toronto unveiled questionable practices at a series of downtown Toronto condominiums. Owners and property managers in those buildings say a group of people have aggressively sought control of the boards and budgets of multiple condominiums. Allegations of misconduct include voting irregularities and contentious […]
What about protections for managers and directors? (ON)
As CondoBusiness’ readers will no doubt know, recent widespread amendments to condominium law and management in Ontario were first introduced under the omnibus Protecting Condominium Owners Act. When these lawyers first read the Protecting Condominium Owners Act, it raised an immediate thought: “Fair enough, but what about protection for condo directors and managers and condo […]
Court Declares that Condo Developer Made Inadequate Disclosure of Material Changes and Acted Oppressively (ON)
In a recent decision, TSCC No. 2051 v. Georgian Clairlea Inc., the Ontario Court of Appeal confirmed a lower court decision that found that a condominium developer failed to make adequate disclosure to purchasers of material changes relating to two vendor take-back mortgages entered into before turnover when the developer controlled the board of the […]
Disclosure Statements: Say it Right and Say it Clearly (ON)
When purchasing a condominium unit, it is absolutely vital that you know what exactly it is you are getting yourself into. Accordingly, the Act imposes specific disclosure obligations onto declarants attempting to sell a unit. This is done through section 72 of the Condo Act. In the same vein, section 74 of the Act provides […]
Costs Awards by the Condominium Authority Tribunal – Another Installment in the Lahrkamp Saga (ON)
In a recent blog posting, we reported about a decision from the Ontario Condominium Authority Tribunal (the “Tribunal”), dismissing an owner’s application for the production of documents pursuant to section 55 of the Condominium Act, 1998, on the basis that the request fit within an established pattern of vexatious conduct by the owner. Read the […]
The CAT’s Meow – New Tribunal Decisions (ON)
The CAT has been busy this month releasing three new decisions. Obviously, the issues relate to record requests. All three cases have some interesting commentary on the circumstances when the CAT will award legal costs and penalties. Read the article…………………….
Condo ruling defends purchasers (ON)
The Ontario Superior Court of Justice decided that a couple was not in default in their agreement to purchase a condo, despite the vendor’s claim that they should not have their deposit returned. Mark Ross, counsel on the case defending the couple, says the decision calls out builders’ bad faith in “heavily one-sided financing clauses” […]