The Condominium Authority of Ontario is an organization that aims to improve condo living by providing services and resources for condo communities.   Read the article………………………..

In the recent CAT decision, Mermut v. York Region Standard Condominium Corporation No. 1381 et al. (“Mermut”), CAT highlights the importance of diligently participating in applications and abiding by the deadlines imposed by its members. It also serves as a reminder to condo corporations of their obligation to adequately investigate and try to resolve unit-to-unit […]

In the case of Mermut v. York Region Standard Condominium Corporation No. 1381, the Applicant complained about noise coming from the unit above. The alleged noise consisted of “banging, knocking, dropping, bouncing, rolling, hitting, striking, ‘thunking’, throwing of heavy objects onto the hard floors, dragging of furniture and motorized sounds” “at all hours of the […]

An ongoing dispute over a leaky roof between a condominium board and the developer responsible for the condominium’s construction sheds light on the challenges faced by litigators when determining the commencement of a limitations period.  Read the article………………………..

For years there has been a question on the issue of Condominium’s collecting condo fees on a caveat that was filed more than two years prior to a foreclosure action filed to collect those fees. Did the caveat protect ALL of the arrears owing, as the Condominium Property Act (CPA) suggests?   Read the article………………………..

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………………………..

In Abstract Projects Inc. v Strata Plan EPS6069, 2023 BCSC 42, Lesperance Mendes won another victory for our clients in the BC Supreme Court, preventing a developer from assigning parking spaces under a lease to themself over the objection of the residential strata lot owners.     Read the article………………………..

British Columbia’s Civil Resolution Tribunal has ordered a strata corporation to direct one of its council members to stop using a unit for short-term accommodations (STAs) after finding the council member violated a strata bylaw.     Read the article………………………..

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 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………………………..

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………………………..

Bill 91 received Royal Assent yesterday, it is now ‘law’ – though not in effect until 1 October for Schedule 7 (the Condo Act). https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-91   Read the article………………………..

Prospective buyers of a condominium unit in Ontario have the right to obtain a status certificate that is supposed to provide them with essential information about the physical and financial situation of the condominium, including any outstanding or expected claims or liabilities, major projects, or costs. The purpose of a status certificate is to bring […]

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………………………..

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 […]

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………………………..

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 […]

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………………………..

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 […]

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………………………..

Owners are not allowed to modify the common elements as they please. Though owners have broader rights regarding their individual “units”, the line between “units” and “common elements” can often blur, leading to escalated disputes.  Read the article………………………..

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………………………..

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………………………..

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………………………..

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’ […]

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 […]

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 […]

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………………………..

Ontario is introducing changes to the Condominium Act (the “Act”) that will give condominium corporations increased flexibility in relation to electronic voting and virtual meetings.   Read the article………………………..

Ontario is introducing changes to the Condo Act to provide condo corporations more flexibility to implement virtual meetings and electronic voting. These changes are being presented pursuant to Bill 91, named “Less Red Tape, Stronger Economy Act, 2023”.   Read the article………………………..

This third article will address some of the things you should be looking for in those financial documents, the obligation of the developer to pay for certain expenses and the potential remedies owners and strata corporations have for underestimating expenses when marketing the strata lots.   Read the article………………………..

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 […]

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………………………..

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………………………..

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 […]

The Building and Strata Statutes Amendment Act, SBC 2022, c 41 (the Act), which came into effect on November 24, 2022, made several important changes to British Columbia’s Strata Property Act (the SPA) in an effort to help address the province’s persistent housing issues.   Read the article………………………..

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 […]