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Draft Reg#3 Available for Comment

The following post was researched and written by Daniel Brockenshire, a law student at Sutherland Kelly LLP. Thanks, Daniel!  The third draft regulation, which was released on February 24, 2017, is aimed at regulatory changes to the Condominium Act, 1998

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Licensing of Condominium Managers – Complaints (Blog No. 9 in a series)

We now have the draft Regulations under the Condominium Management Services Act, 2015 (the “Management Services Act”). This is the ninth in a series of blogs that I am preparing in relation to the draft regulations.  In this Blog No.

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Many condo insurance claims arise from liability

Condominium corporations present claims against their insurance policies for a wide range of reasons. Although, it is important to note that current trends in claims are not necessarily unique to condominiums.  That said, multi-unit residential dwellings and communities continue to

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Kitec Piping Claims

As you may know, there is a large class action settlement in Canada and the US as a result of Kitec piping installed predominantly between 1995 and 2007. The pipe system can fail, causing catastrophic water escape and damage.  It

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Dealing with A Noisy Condo Tenant – Court Declines to Make an Eviction Order

In a recent case, NNCC No. 6 v. Temedio, a condominium corporation applied to the Court for an order requiring a tenant to permanently vacate the leased unit due to loud noises and voices emanating from the unit, which constituted

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New Mandatory Training for Condo Directors (ON)

As part of its revamping of the Condo Act, the province is imposing various additional obligations onto condo corporations, managers and directors. Last month, the Ministry of Government and Consumer Services circulated a new set of draft regulations which further

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Tips for Reaching Quorum at Your Next AGM

The Annual General Meeting is considered the most important meeting of the entire year for many organizations and this is no different when it comes to Condominium Corporations. Not only is it a legal requirement under the Condominium Act, it

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Pets & Condos

As cities become more populated and land becomes more scarce, condominiums are becoming a home option of choice for many Canadians. For pet lovers who rent, condominiums are lifesavers, as most properties welcome animals. However, it’s best to be aware

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What is Subrogation?!?

The question of the day is: what is subrogation?  Subrogation is a legal concept where one party is permitted to stand in the shoes of another party and recover damages from a third party. For example, it permits an insurer

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Licensing of Condominium Managers – What information (about licensees) will be available to the public?

We now have the draft Regulations under the Condominium Management Services Act, 2015 (the “Management Services Act”). This is the eighth blog in a series of blogs that I am preparing in relation to the draft Regulations.  In this Blog

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New Disclosure Obligations for Condo Directors (ON)

We all know that Ontario is revamping its regulation of the condominium industry. As part of the sweeping changes being introduced, the province is imposing mandatory licensing on condo managers but it is also imposing new training and new disclosure

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Condominium Owners’ Meeting on Muslim Holiday – Was this Discrimination?

A condominium corporation found itself before the Ontario Human Rights Tribunal (Kamal v. PCC No. 51) after several unit owners alleged that the corporation had discriminated against them on the basis of creed, by holding an owners’ special meeting on

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Proposed Regulatory Changes: (ON)

We now have more information available regarding the proposed Regulatory changes to introduce the Condominium Authority of Ontario (CAO) and the Condominium Management Regulatory Authority of Ontario (CMRAO) and dealing with some aspects of the Condominium Authority Tribunal.    Read

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More Regulatory Proposals for the Condo Industry (ON)

The province has issued more regulatory proposals for your review and comments. These ones are less substantive in nature and deal with the mechanics of setting up the various Authorities and the Tribunal which will oversee this new legislative regime. Now

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Reviewing the Draft Regs (Series One) PART 3: “But what about…?” Answers to key questions about manager licensing

In our previous two entries (here and here), we discussed several key provisions in the recently proposed draft regulations under the Condominium Management Services Act, 2015 (hereafter, the “CMSA”). In this entry, we explore a few questions that readers might

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Reviewing the Draft Regs (Series One) PART 2: Governing the Profession

In our previous entry, we outlined the types of condominium manager license provided for under the recently proposed draft regulations under the Condominium Management Services Act, 2015 (hereafter, the “CMSA”). But setting out licenses and qualifications isn’t all that the

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Reviewing the Draft Regs (Series One)

In December, 2016, the Ontario government provided draft regulations under the Condominium Management Services Act, 2015 (hereafter, the “CMSA”). These are the regulations that deal with the licensing of condominium property managers. Although not final, we can expect that, in

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Summary of Draft Regulations under the Condominium Act – Director Training

As we noted in a previous blog, the province has published a Summary of the first phase of the proposed new Regulations under the Condominium Act, 1998, as amended (“The Amended Act”). This is the first in a series of

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Draft Reg#2 – Part 4

The draft regulations also address another issue that causes a lot of disputes in condominiums – record requests. It also sets out requirements for how long records must be retained and the permitted methods of retention. These changes are scheduled

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Draft Reg#2 – Part 3

The draft regulations also address issues like notices of meeting, voting, quorum, board meetings by electronic means, and voting thresholds for by-laws.    Read the article…………..

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Canada: Condominium Power Grab: Blurring Personal Choice Line

Condominium living is exploding in Canada. CMHC’s fall report for the Greater Toronto Area reported nearly 50,000 pre-construction condo units were sold in the past 2 years, with up to 33,000 multi-family units expected for 2017. Skyrocketing home prices, changing

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Ontario Energy and Water Reporting and Benchmarking Initiative – How it Affects Condominiums

Ontario Regulation 20/17 made under the Green Energy Act, 2009 requires condominiums greater than or equal to 50,000 square feet to report their building energy, water and greenhouse gas emissions data annually to the Ministry of Energy (“MOE”).    Read

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Can Noise Complaints Lead to the Eviction of a Condo Tenant?

People living in condos have a duty to comply with the corporation’s regulations. Condo corporations, for their part, have a duty to take all reasonable steps to ensure such compliance. But to what extent? Can tenants of a condo unit

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Draft Reg#2 – Part 2 (ON)

The second draft regulation also describes the mandatory disclosure and training requirements for condominium directors. These changes came about because of perceived problems with widespread mismanagement, deceit, or fraud. Fortunately, these problems are less common than portrayed. Nonetheless, these changes

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The Proposed Regulations under the Condo Act Are out for Review – for Real, This Time!

Last week, we advised you that the Ministry of Government and Consumer Services had posted a “plain language” summary of the proposed regulations to be adopted under the “New Condo Act”. Today, the province posted the “legalese version” of it,

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How condo maintenance fees are calculated and spent (ON)

There are more than 2,500 registered condominium corporations in the City of Toronto. While those condominiums may range from skyscrapers made up of apartment-style units to blocks of townhouses, one thing that every condominium corporation has in common is the

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Three Reasons to Buy in an Established Condo Association

When you are Condo shopping, there’s a tendency to want to see the newest and best construction. New buildings will have the most modern building codes, may be Leeds certified and environmentally friendly, and feature dazzling amenities. All of these

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Is your Self-Managed Condominium Corporation exempt from the new licensing requirements under the CMSA?

As described in our last blog dealing with the impact of the CMSA on self managed condominiums, section 35 of the CMSA permits exemptions from licensing requirements. Section 2 of the Draft Regulations, provides the following exemption for directors from

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Condominium Corporation Seeks Court Order Requiring Mental Examination of Unit Owner

In a recent case, TSCC No. 2395 v. Wong, a condominium corporation that was dealing with a unit owner whose behavior had become increasingly threatening, abusive, intimidating and dangerous, applied to the Court for an order that the unit owner

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Changes are Coming – More Paperwork

This post is geared towards the managers and self-managed boards out there. As you have probably heard by now, the amendments to the Act have been described as providing greater protection to owners. Only time will tell, but one thing

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Condominium audits uncover four common issues

With few exceptions, the Condominium Act of Ontario (the act) requires an independent auditor to perform an annual audit of the financial statements of a condominium corporation. Sections 60 and 71 underline the rights and responsibilities of an independent auditor.

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On Limitations: Alberta Court Reiterates Importance of Reasonable Diligence to Identify Defendants in Class Proceedings

In Condominium Corporation No 0610078 v Pointe of View Condominiums (Prestwick) Inc (“Condo Corp 0610078”), the Alberta Court of Queen’s Bench (“ABQB”) considered the extent to which a party that suffered damage is required to identify the parties responsible for

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Changes are Coming – Changes by Condo

As you may know, section 97 of the Condominium Act, 1998 (the “Act”) addresses changes made to the common elements, assets, and services of the condominium. In the amendments to the Act, section 97 will be removed and replaced with

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Slipping (and falling) in a Winter Wonderland

The winter season is upon us, and (not surprisingly), with this time of the year comes rapidly falling temperatures. As Canadians, we are used to this weather – but our winters can nevertheless be treacherous.  In addition to hazards caused

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Is your self-managed Condominium Corporation exempt from the new licensing requirements under the Condominium Management Services Act?

Condominium Corporations that are ‘self-managed’ are Corporations that have decided (for various reasons) not to enlist the services of a paid property management company. Rather, the Corporation (typically the Board of Directors) performs the work associated with the day to

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5 Productivity Apps For HOA & Condo Managers

Welcome to another Evercondo “tech tips” post, where we share some of the best apps and technology solutions out there for helping property managers, board members and residents get more done with less time.  We all want to be more

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Being a Condo Director Could Enhance Your Career!

How did Kellyanne Conway, President Trump’s former campaign manager and current Counsellor to the President (and proponent of “alternative facts”) make it to the White House? It was recently reported that Ms. Conway met President Trump a number of years

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Complaints and Disciplinary Procedures against Condo Managers under the New Act

In this series of posts, we explore how Ontario proposes to licence and regulate condo managers under the new Condominium Management Services Act. In this post, we look at who can lodge a formal complaint against a condo manager and

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Changes are Coming – Chargebacks

Last Friday I participated in the ACMO Burlington conference as a speaker on the legal panel. One of the topics that I briefly spoke about was chargebacks and liens. I spoke about the changes coming to the lien and chargeback

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Cardiac arrests in high-rise buildings

Residents of high-rise buildings had better survival rates from cardiac arrests if they lived on the first few floors, and survival was negligible for people living above the 16th floor, according to a study.   Read the article…………….

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B.C.’s New Civil Resolution Tribunal Orders Special Levy to Fund Repairs to Strata Property

In its first significant decision, BC’s new Civil Resolution Tribunal (“CRT”) has ordered a strata corporation to raise a special levy to perform repairs at the urging of a single strata owner. This decision indicates that the CRT, which is

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Licensing of Condominium Managers-What does it mean to have an address for service in Ontario? (Blog No. 7 in a Series)

We now have the draft regulations under the Condominium Management Services Act, 2015 (the “Management Services Act”). This is the seventh in a series of blogs that I am preparing in relation to the draft regulations.  In this Blog No.

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Do you need a section 98 agreement?

In the last two weeks, I’ve had two people suggest that I write about section 98 of the Condominium Act, 1998, so that’s what I’m going to do today. (Thanks for the suggestions!).  Section 98 of the Condominium Act, 1998,

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Condo boards can rely on business judgment rule

A recent Ontario Court of Appeal decision confirmed for the first time that the “business judgment rule” applies to decisions made by condominium boards. The business judgment rule “recognizes the autonomy and integrity of corporations, and the fact that directors

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Marijuana Condominium

The legalization of marijuana in some jurisdictions has led to the creation of many business opportunities in the marijuana industry. In an effort to capitalize on this growth, Grow Condos, a “publicly-listed real estate company dedicated exclusively to the Cannabis

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Who Will Be Exempt from Mandatory Licensing of Condo Managers?

As Ontario heads towards mandatory licensing of Condo Managers (and Condo Management Providers), we have been exploring the “ins and outs” of the new Condominium Management Services Act. In this post, we review the various exceptions to the Province’s mandatory

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Draft Condominium Management Regulations Released

Finally, we are starting to see some of the regulations released, in draft, arising from the Protecting Condominium Owners Act, 2015. This Act enacted both the Condominium Management Services Act, 2015 (the “CMSA”) as well as extensive changes to the

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Improving condo management with analytics

What is the average response time of managers in getting back to residents’ requests? For condo directors or managers that don’t know the answer, this is a must-read.  This article will go over what analytics means in the condo management

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Shared Facilities Disputes

As I mentioned in my previous post, the most common question that I’m asked about shared facilities agreements is how to terminate them. The reason? Many (if not all) condominiums have disputes related to their shared facilities agreements. Sometimes the

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Licensing of Condominium Managers-What are some of the statutory obligations placed upon licensees?

(Blog No. 6 in a Series)  We now have the draft regulations under the Condominium Management Services Act, 2015 (the “Management Services Act”). This is the sixth in a series of blogs that I am preparing in relation to the

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