New requirements for property managers starting THIS July (ON)

The Condominium Management Services Act (“CMSA”) was enacted in 2015. The Condo Management Regulatory Authority of Ontario (“CMRAO”), which derives its authority from the CMSA, is the regulatory body that enforces the mandatory licensing of property managers.  Read the article………………………..

October 1st Condominium Act changes- How to Prepare (ON)

We previously blogged about Bill 91 and its impact on condominium corporations as of October 1, 2023.  We have been getting a lot of questions from condo directors seeking clarification as to what is required prior to October 1 to prepare for the change.   Read the article………………………..

Condo Governance Best Practices For Directors In Ontario

Condo board members are often the backbone of a condominium’s community. They’re olunteers who oversee a condominium’s operations and ensure the maintenance and governance of the property is well taken care of.   Read the article………………………..

Does harassment fall within CAT’s Jurisdiction? (ON)

In the recent CAT decision, York Condominium Corporation No. 444 v. Ryan (“Ryan”), CAT found that in certain circumstances, “harassment” can include conduct that is a nuisance, annoyance or disruption, despite not being a prescribed or prohibited activity under subsection 117(2) of the Condominium Act, 1998 (the “Act”).   Read the article………………………..

How Directors Can Create An Effective Condo Building Emergency Plan (ON)

No matter how well you manage your condo, unexpected events can happen. Being prepared for these occurrences is just as important as doing what you can to prevent them. Condo directors are responsible for building and implementing condo emergency response plans that keep staff and residents safe.    Read the article………………………..

Can I BBQ on my Condo Balcony? (ON)

It’s BBQ season! With it, comes questions pertaining to BBQ safety and neighbourly etiquette. This is particularly true in condo living and even more so when one lives in a mid to high-rise complex, where occupants have the exclusive use of a balcony.   Read the article………………………..

CAT Finds No Smoking Rule to Be Reasonable (ON)

In the case of CCC 95 v. Frederick, the condominium corporation had passed a rule to prohibit smoking in all of the units and in most areas of the common elements. The rule said that smoking is only permitted in an outside area of the common elements which has been designated as a smoking area […]

A Reminder About Incurring Reasonable Charges When It Comes to Enforcement (ON)

A recent decision from the Condominium Authority Tribunal (the “CAT”), Schnitzler v Metropolitan Toronto Condominium Corporation No. 1321(“Schnitzler”), provides a reminder for condominiums corporations to be reasonable when taking compliance action (and incurring the related costs).   Read the article………………………..

Common element nuisance – what’s bugs got to do (got to do with it)? (ON)

An owner brought a CAT application alleging she was experiencing unreasonable noise from a common element garage grate and unreasonable noise, odour, smoke and vapour from a common element industrial vent. At Stage 3, the condo made a preliminary submission that the CAT did not have jurisdiction to hear the dispute because it was a […]

Exploring the Limits of CAT in Noise Disputes (ON)

In Di Domenico v. Halton Condominium Corporation No. 118, the Applicant alleged hearing the sound of rushing water for intervals of approximately five minutes to an hour. The condo took steps to investigate and determine the source of the problem, including retaining plumbers and acoustical engineers.   Read the article………………………..

What Are Some Tools Available When Dealing With a Dispute in a Condominium Environment?

Even when a condominium corporation has a strong governance framework in place, disputes are (unfortunately) an inevitable aspect of condominium living. As our readers are likely already aware, disputes can include tricky issues such as repair/maintenance obligations, enforcement of certain provisions or rules (for example, a size limitation on dogs), or even a specific board […]

10 Tips to Ensure a Well-Run Hybrid Meeting (ON)

For over 3 years now, most owners’ meetings have been held virtually. Technology has drastically improved, lessons have been learned, and changes have been implemented by virtual meeting host platforms to improve the overall experience of participating in a virtual meeting.   Read the article………………………..

Owner exempt from special assessment due to deficient Status Certificate (ON)

In one of our recent cases, a judge ruled that the issuance of a deficient status certificate was oppressive and that the condo owner was exempt from having to pay their prorated share of a special assessment. This case contains important lessons for all corporations and managers who issue a status certificate.    Read the article………………………..

A condo board’s guide to fixing people problems

If the police are called to break up a fight at a board meeting, most directors will recognize that a problem has been allowed to escalate overtime. Fortunately, most condo boards will never find themselves in a situation such as this. Still, many other less dramatic yet problematic situations can go unrecognized and, if not […]

Recent CAT Case – Not all Noise is a Nuisance (ON)

In Abrecht v Sheikh Al-Zoor, the Applicant brought an application before the Condominium Authority Tribunal (CAT) with respect to an ongoing noise issue. The Applicant argued that she was facing unreasonable noise and nuisance from the unit above. The Respondent lives in the unit with his wife and university aged son. Occasionally, his other adult […]

The Dos and Don’ts of Condominium Management (QC)

Living in condominiums has become a popular choice for many people in Ontario. Condos offer several benefits, including access to shared amenities and a more affordable cost of living. However, owning a condo comes with responsibilities, including the management of the building.   Read the article………………………..

Clean Condo Life: Adapting Existing Buildings To A Changing Climate

Multi-unit residential buildings (infelicitously acronymed as MURBs), in the forms of rental, condo, and public housing buildings, are where the vast majority of people on the world live, and they were mostly built before climate change impacts became regular realities.   Read the article………………………..

Recent CAT Cases: The Importance of Objective Evidence (ON)

Blaise Pascal once said, “People almost invariably arrive at their beliefs not on the basis of proof but on the basis of what they find attractive.” The Condominium Authority Tribunal seems to agree… sometimes.   Read the article………………………..

Insurance deductible chargebacks – are you covered? (ON)

The Condo Act requires condominium corporations to insure against damage to the common elements and (standard) units that is caused by major perils such as fire or water escape. Picture this: you come home from a long day at work, only to find your unit flooded because of a broken dishwasher tube.  Read the article………………………..

Matters falling outside the CAT’s jurisdiction (ON)

In the case of Rahman v. PSCC 779 (March 10, 2023), the Applicant complained about odours, vapours, smells, smoke and other airborne contaminants that he believed were entering his unit through faulty vent covers. The Tribunal said that the case was not in substance about nuisance, annoyance or disruption   Read the article………………………..

Changes to how the Condo Act will deal with owers’ email addresses (ON)

On April 3, Ontario introduced proposed amendments to the Condo Act to enhance flexibility for condo corporations wishing to implement certain virtual and electronic processes. We already blogged about this.  In this context, the province is seeking your input on proposed changes to the Condo Act‘s general regulation and specifically on how to treat owners’ […]

Costs curtailed at the CAT: Clarity and consistency are needed (ON)

Parties seeking costs awards from the CAT must understand that the Tribunal has the discretion to award costs: even if a party is entirely successful on their claim, there is no guarantee it will receive its full costs, if any. In January 2022, the CAT published a practice direction which informs the public how the […]

Condo record access exemptions – owners and directors (ON)

In our Spring 2023 Issue of Condo Alert! we look at the CAT’s recent decisions refusing access to records. The often used “litigation exemption” is examined in the context of a longstanding and far reaching dispute between an owner and condo. We also discuss the occasional “director’s request” for records – where an individual director […]

When condo corporations borrow money (ON)

The directors of a condominium corporation sometimes determine that it’s in the best interest of the corporation to borrow money for purposes related to its affairs.  Often, borrowing money is seen as a more palatable alternative to issuing a special assessment where repairs to the common elements are required and there is insufficient money in […]

Virtual Meetings, E-Voting and Email Notices- Condo Act Amendments (ON)

By now many of us have received notification about the proposed Bill 91 “Less Red Tape, Stronger Economy Act, 2023” which introduces 12 amendments to the Condominium Act (the “Act”) and 22 amendments to Regulation 48/01. The Ministry has asked for feedback on the regulations.   Read the article………………………..

Homeowner Association Pond Management (BC)

If you sit on the board of a Homeowner Association, you take pride in how your community looks. From clean streets, green grass, and pristine ponds. Pond management is a challenge for any HOA, whether one pond, a series of connected ponds, or water hazards on a community golf course. This blog delves into common […]

Strict Disclosure Requirements for Purchasing Condominiums (AB)

The Condominium Property Act (“Act”) contains strict rules about the information that must be disclosed by the seller when a condominium unit is sold.  The rules are particularly strict when it comes to developers selling units before construction is complete. These disclosure requirements must be taken seriously, as failure to comply can make the purchase […]

Can condo corporations tow cars who are in breach of parking rules? (ON)

The Condo Tribunal was recently asked to rule on whether it was reasonable for the condo corporation to tow a car that was in breach of the parking rules. It seems that the answer is “yes, but not always”. Once more, reasonableness is the key consideration.   Read the article………………………..

The Duty to Reasonably Investigate Complaints (ON)

In the case of TSCC 1978 v. Hackman, the CAT dealt with noise complaints (made by other residents) against a particular owner (Mr. Hackman). But at the same time, the CAT also dealt with complaints from Mr. Hackman about noise created by others.   Read the article………………………..

“Clearly visible signs” from CAT on jurisdiction (ON)

Last month, we blogged about the importance of having clear and concise governing documents. A recent CAT decision highlights the value of communicating rules to residents and how poor communication might lead to unnecessary disputes.  Read the article………………………..

Victorian Strata Community Association supports new building laws (BC)

Strata Community Association (SCA), the Victorian property peak body, has welcomed all changes aimed at improving building quality and consumer protections in the state.  The Building Legislation Amendment Bill 2023, which is currently before Parliament, includes several amendments to the Architects Act 1991 and other relevant legislation, many of which are under strata title.    Read […]

Large Renovations Require Expert Advice (ON)

Over the past few years, many of our condominium corporation clients have experienced an increase in the number of renovation requests submitted by unit owners. Frequently, and especially in older condominium properties, the proposed renovations are substantial and include material changes to the common elements, for example, where an owner requests to core though the […]

It Has Been a Snowy Winter in Ottawa

Most snow removal contracts in Ottawa provide for a fixed fee covering snow removal (and related work) up to a total snowfall of 254 centimeters (100 inches) for the season. [We know that this doesn’t generally apply outside of Ottawa and so it might not be so interesting for our other readers!]   Read the article………………………..

Exploring the psychology of reserve fund planning

There’s a psychology to reserve fund planning. It’s a mindset I’ve seen take shape within the condo management community throughout the decades and an approach to proactive funding that will pose risks to our built environment that are better addressed now than later.   Read the article………………………..

An Important CAT Case About Compensation and Costs (ON)

In the case of TSCC 2804 v. Micoli, the Tribunal ultimately found that a tenant (and the tenant’s co-resident) were “a highly disruptive presence in the condominium, causing nuisances that unreasonably interfere with and disturb the comfort or quiet enjoyment of other residents and the condominium’s staff.”    Read the article………………………..

Choose your words, win your battle (ON)

The Condominium Authority Tribunal (“CAT”) and Superior Court operate on virtual platforms, with CAT hearings typically concluding via written argument. These forums have their own rules and directions and, occasionally, comments from adjudicators to guide process. This decision from the Superior Court comments on using written materials efficiently and to win in modern practice.    Read […]

Tips For Repurposing Your Community’s Outdated Amenities

One of the biggest draws to living in a condo community might be the range of amenities available to residents. These features are designed to offer recreation, utility, or other benefits, but they can lose value if they’re considered outdated—not utilized, become neglected, or deteriorate with age.  Read the article………………………..

How often do condo elevators need maintenance? (ON)

There are approximately 20,000 elevators operating in buildings across Ontario, and about 1,550 of them are more than 50 years old. Another 10,000 are over 25 years old.    Read the article………………………..