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Wind-Up Unwound: For the First Time, the BC Supreme Court Rejects an Application to Wind-Up a Strata Corporation under Bill 40

The Owners, Strata Plan VR 1966[1] marks the first time the BC Supreme Court has rejected an application to wind-up a strata corporation pursuant to Bill 40 under the Strata Property Act[2] (the “Act”).  Prior to Bill 40, a winding-up

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Strata Sorrows for Opponents of AirBNB

The Tribunal responsible for determining strata disputes in NSW recently ruled in favour of an applicant who had challenged a by-law enacted in her strata scheme which had the effect of banning short-term letting in the building. She had been

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The Complaint Process under the CMSA

As we previously reported, section 57 of the Condominium Management Services Act (“CMSA”) establishes a complaint process under the new licensing regime. And now, the proposed regulations under the CMSA (circulated by the Ministry on August 30, 2017) provide further

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Who can apply for a minor variance for the common elements? Condo or owner?

Recently there was an interesting decision released involving a parking dispute between a condominium and a unit owner. This isn’t surprising given that parking is a common problem in condominiums. The interesting part is that the decision was made by

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Not All Condo Units will Pay the Same CAO Assessment Fee

By now you’ve certainly heard that the Condo Authority of Ontario has set its new Assessment fee at $1/month per unit. This is only partially accurate. Not all units are subject to this new fee and not all units will

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B.C. Supreme Court rejects condo-building sale attempt (BC)

A group of condominium owners won a huge court victory over their neighbours September 21 when BC Supreme Court Justice Warren Milman dismissed an attempt by a larger group of owners to wind up their strata corporation and sell assets

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Registering Your Condominium With the Condominium Authority of Ontario

As we reported in an earlier blog post, all condominium corporations are required to register with the Condominium Authority of Ontario (“CAO”) and pay by December 31, 2017 the initial assessment fees covering the period from September 1, 2017 to

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Developer’s Right to Deposit Trumps Condo Buyer in Trump Tower Residential Strata Dispute (BC)

On July 25, 2017, the BC Supreme Court (the “Court”) released a decision addressing the extent of a developer’s disclosure obligations to prospective purchasers under the Real Estate Development Marketing Act[1] (“REDMA”).  One of the key issues in Chen v

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Unpaid Common Expenses – A Recent Case on Interest and Costs

A recent case, MTCC No. 1067 v. 1388020 Ontario Corp., considered the ability of a condominium corporation to collect interest on unpaid common expenses and to be reimbursed its legal costs relating to the default.      Read the article…………….

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The New Owner Occupied Position

Another interesting change coming is the replacement of the owner-occupied position on the board with the reserved position for owners of non-leased voting units. The term non-leased voting unit doesn’t seem much clearer than owner-occupied position, but maybe the change

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Mandatory Registration of All Condos in Ontario

My condo corporation recently received a letter from the Condo Authority of Ontario, inviting us to register the corporation and to pay the initial Assessment Fee. These steps are mandatory and all condo corporations must comply. Here’s how.   Read the

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Introducing The “Condominium Authority Of Ontario”

Did you come to TRB today, hoping to crack your knuckles and type comments in the form of a spirited debate?  Well, you’ve come to the right place. Nothing gets the blood boiling quite like new government regulation!  As of

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Is it Time to Amalgamate?

There is just over a month to go until the amendments to the Condominium Act, 1998, come into force (unless the implementation is delayed again). The industry is abuzz about the amount of work the amendments are going to create

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The Philosopher and the Developer: Pluralist Moral Theory and the Law of Condominium

This paper analyzes the evolving law of condominium from the perspective of the moral philosophy of property, focusing in particular on neo-Aristotelian value or pluralist ethics. By combining aspects of traditional property law, corporate law, and municipal politics, condominium provides

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Investigate strata pesticide use

On one side of the street we hold workshops teaching the public how to increase habitat for pollinators, and on the other side, people are spraying chemicals that endanger our fragile environment. Even with 65 per cent of people in

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More About the Mandatory Training for Condo Directors (ON)

The Condo Authority of Ontario (CAO) is responsible to provide new mandatory training for all condo directors in Ontario. We now know a bit more about what kind of training can be expected, who will be required to take it

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Anonymous Defamatory E-Mails About Condo Board Members Results in Successful Lawsuit Against E-Mail Provider

In a recent case, CCC No. 282 v. Yahoo! Inc., a condominium corporation obtained a court order requiring Yahoo! Inc. and Yahoo! Canada Inc. (collectively “Yahoo”) to provide information to help identify the author of allegedly defamatory e-mails sent to

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Status Certificate – Resale Condos’ Equivalent To Home Inspection

Prudent home buyers do not skip the home inspection. Behind walls, carpets and ceilings, any number of unseen problems may lurk – from faulty electrical to foundation flaws. In a resale condo scenario, home inspections are rare, but there is

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New Proposed Regulations under the CMSA (ON)

The Ministry has circulated proposed regulations under the Condominium Management Services Act (“CMSA”) that give us further insight into the standards condominium managers will have to meet once the CMSA comes into force. For now the Ministry is seeking feedback

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Proposed Code of Ethics for Condominium Managers has been released (ON)

As many of our readers know, we now have proposed additional regulations under the Condominium Management Services Act (“CMSA”). Notably, the proposed regulations include the Code of Ethics that condominium managers will be required to adhere to. The Ministry is

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Survival Guide For Condo Directors – Phase 1 Of The Condominium Act Amendments (ON)

Condo directors will no doubt have heard about some of the changes being made to condominium legislation in Ontario.  This update is to provide a brief summary of where we stand in September of 2017. It is important in our

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Condominiums must register with the CAO (Condominium Authority of Ontario) and pay Assessments by December 31, 2017

Condominiums have started to receive Welcome notices from the CAO. These Welcome notices outline some important features of the CAO, many of which we have discussed in past blogs, including: Information and resources available through the CAO Dispute Resolution through

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Proposed Code of Ethics for Condo Managers

The province is again seeking input and comments on proposed regulations under the Condo Management Services Act. Of particular interest, the province has circulated a proposed Code of Ethics for condo managers. Here is what it is likely to look

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Obtaining a License for Condominium Management – an Overview (ON)

Mandatory licensing for condominium management is steadily approaching. For details on this topic, see our previous blogs. But in the meantime, we felt that an Overview might be useful.   Here’s a broad overview of the coming requirements:    Read

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The Condominium Authority is Up and Running! (ON)

We’re now into September (I can’t believe it!); and the province has announced that the Condominium Authority is now “in service”.  Some of the key purposes of the CAO will be as follows:   Read the article…………..

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Proposed reg details code of ethics for condo managers (ON)

A code of ethics for condo managers is now up for public comment after Ontario’s Ministry of Government and Consumer Services last week released more proposed regulations under the Condominium Management Services Act. The new legislation, which comes as part

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Strict Deadlines to Register Condo Liens when Collecting on Judgments

The Ontario Court of Appeal reiterated that the 3-month deadline to register a condo lien is a strict one. Failure to act in a timely manner will result in the lien being lost. This is true, not only when dealing

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Switching from Snail Mail to Email

The first round of amendments to the Condominium Act, 1998, are scheduled to come into force on November 1, 2017. As you likely know, many of the changes will require more frequent (and voluminous) communications to owners. This extra paperwork

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New Regulation for Managers

Another draft regulation has been released by the government for comment. This new draft regulation deals with the areas of the Condominium Management Services Act, 2015 (“CMSA”) that were not addressed by earlier regulations, such as complaints, requirements for holding

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Successful Appeal by Condo Corp Challenging a Lien – Updating a Prior Blog Post

In a prior blog post we reported that a commercial condo unit owner successfully sued the condominium corporation after the corporation registered a lien against his unit for repair costs related to clearing a blockage in the plumbing system. However,

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How to Get a Condo Manager’s Licence

We are getting lots of calls from condo managers asking for guidance on how to apply for their Manager’s licence. The November 1st deadline is indeed fast approaching! Here is a quick step-by-step guide on how to apply for your

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Ontario Government Designates Education Requirements for Condominium Manager Licence

Starting November 1, 2017, all condominium managers have 90 days to apply for a licence under the Condominium Management Services Act. There are two classes of licences: a limited licence and a general licence.  The Minister of Government and Consumer

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Summer Case Law Reading

Who doesn’t enjoy a little case law reading by the pool or beach? Oh, that’s just me? Oh well. I hope you enjoy reading these brief summaries anyway.   Read the article………….

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Are you ready? Less than three months to go…

Some of the changes to the Condominium Act, 1998, have received a lot of attention over the past year, like the new requirements for holding meetings or the information certificates that condominiums will be required to send to their owners.

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A condo rule against complaining? Controversial corporation policy likely intended to prevent harassment

Recently, a condominium corporation in Toronto was reported to have enacted a rule which, among other things, sought to limit the ability of residents to complain to the condominium. Various parties including residents of the building in question have expressed

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Enforcing Single Family Restriction in Condominiums – A Recent Case

In a recent case, Louiseize v. PCC No. 103, a condominium owner who knowingly breached the “private single-family residence” restriction in the condominium declaration for almost 14 years, was given 9 months to bring his units into compliance with the

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The Condo Authority of Ontario

Are you ready? In less than three months the first set of amendments to the Condominium Act, 1998 comes into force. Arguably the biggest change is the creation of the Condominium Authority of Ontario (CAO). I like to think of

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CPA Retirement: Should you join a condo board?

IF you’re like a lot of CPAs, the number one topic on your mind is retirement. Perhaps you’re thinking of selling your house into a hot housing market and downsizing to a condo. If so, what are the pros and

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Condo Pool Dress Code: The Debate Over What’s Too Much and What’s Not Enough

An Ontario woman recently launched a human rights complaint against the municipality of Cornwall over its policies preventing her from swimming bare-breasted at public pools. This legal challenge comes two decades after courts recognized women’s right to bare their breasts

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Condominium Authority Confirms Fees

In a prior blog post we reported that the Condominium Authority of Ontario (“COA”) was seeking public comment on its proposed fees for the COA’s services. As the feedback received was positive, the COA has confirmed that the proposed fee

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Time for a review of the Strata Property Act (BC)

Increasing numbers of British Columbians live in multi-family developments which are run as strata corporations. Currently, there at over 30,000 active strata plans in B.C. and over 1.5 million live in about 620,000 strata lots.  Owners of each strata elect

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Condominium Authority of Ontario: Monthly Fees and Dispute Resolution Fees Confirmed

We had previously blogged about the fees associated with the new Condominium Authority of Ontario (CAO).  The CAO has announced that it has set the fee amounts for the monthly fee and the user fees for the Condominium Authority Tribunal

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6 Ways To “Go Green” in Your HOA or Condo Association

There are more than 7 billion people on the Earth. We take up a lot of space and use a lot of resources. That makes implementing eco-friendly practices even more critical to preserve the environment and the resources that we

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A condo rule against complaining?

Recently, a condominium corporation in Toronto was reported to have enacted a rule which, among other things, sought to limit the ability of residents to complain to the condominium. Various parties including residents of the building in question have expressed

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Electric Cars and Charging Stations in Condominiums (ON)

Electric cars, and charging stations, are a hot topic this week! Britain has announced the eventual ban of gas and diesel powered vehicles, and an Ottawa condo is making national news (click on the video entitled: Ottawa Woman’s Power Struggle

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Condos will Need to Increase Their Fees to Pay for the New Condo Authority (ON)

The new Condo Authority of Ontario has recently confirmed what fees it will charge for its services. The CAO also confirmed who will pay for this and when the new fees will become payable. Condominiums may want to adjust their

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Accommodating Service Dogs in Condominiums (ON)

In a recent case before the Ontario Human Rights Tribunal (Latendresse v. CCC No. 8), a condominium resident alleged that the condominium corporation had discriminated against him with respect to occupancy of accommodations because of a disability.  The corporation’s rules

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Condo Administrators

A condominium administrator is a person appointed by the court to manage the affairs of a condominium when the board is unable to properly manage the condominium in accordance with the requirements of the Condominium Act, 1998.   Read the article……………….

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Proposed Annual Fees for Condo Managers Announced

We now have more information about the proposed fees for condominium managers under the Condominium Management Services Act (CMSA). The fees are intended to fund the Condominium Management Regulatory Authority of Ontario (CMRAO), which is the not-for-profit corporation that will

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Condo Law Digest – Mid-summer 2017

This conflict arises from an insect infestation. In October 2015 Justice Diamond ordered that the Schneiders permit YCC No. 41 and its agents to enter their unit no later than November 13 in order to conduct a “flush and vac”

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