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Owner’s Communication with Condominium’s Staff was Antisocial, Degrading and Harassing (ON)

A recent Court decision highlights a situation in which an owner’s communications were considered by the Court to be sufficiently harassing to require a cease and desist order and a compliance order.   The Court found the communication, which included

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Electric Vehicles in Condos

Today, in celebration of Earth Day (yes I know I’m late), I thought that I would write about an environmental issue that is becoming more common in condominiums: electric vehicles. An electric vehicle is one powered by electricity stored in

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Condo Arrears Include Legal Fees

In a recent unreported Ottawa case, a condo owner sued his condominium to recover the legal fees charged against his unit following his failure to pay his common expenses on time. This case reminds owners of the importance of paying

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The Final Version of the Licensing Regulations for Condo Managers is Officially Out! (ON)

The Ministry of Government and Consumer Services has just issued and posted online the final version of the Licensing Regulations for Condo Managers! You can read the final text here. While the precise education requirements for condo managers have yet

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Legislative Changes – Condominium Insurance Deductibles (ON)

Once proclaimed into force, the Protecting Condominium Owners Act, 2015 (the “PCOA”) will amend the provisions governing the responsibility for the condominium corporation’s insurance deductible.  Under the current legislation, the deductible amount under the corporation’s insurance policy covering the common

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The Most Important Facts to Know About Common Area Warranties (BC)

As we move into our brand new homes, we are mainly focused on what is happening inside our strata lot; most owners won’t know much about warranties and how warranties work. We often ask, “Do we have separate warranties for

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Condo Arrears Include Legal Fees (ON)

In a recent unreported Ottawa case, a condo owner sued his condominium to recover the legal fees charged against his unit following his failure to pay his common expenses on time. This case reminds owners of the importance of paying

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Records Requests under the New Regulatory Framework (ON)

The new draft regulations to be established under the Condominium Act provide more detail respecting what is expected of both condominiums and owners alike in relation to the retention and production of condominium records. This blog examines the new legislative

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If you can’t say something nice…

…don’t say anything at all. This is one of the first lessons most people learn as preschoolers. If they continued to say negative things about others, there were usually consequences, like a timeout or their favourite toy was taken away.

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Disaster Planning: Before, During, and After

If you’ve read the headlines, you know the risks are real. From wildfires to raging floods, and corporate fraud to cyber attacks, there any number of ways disasters can take an organization offline. Recognizing these risks is important, but for

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Can a condo owners’ meeting be discriminatory?

Condominium corporations are a microcosm of society, made up of individuals with divergent beliefs, practices and needs. What if boards of directors were required to select dates for annual general meetings (AGMs) or special owners’ meetings that all unit owners

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Court Certifies Class Action Lawsuit by Condo Purchasers Against Developer

An Ottawa condominium unit owner has commenced a class action lawsuit against a condominium developer, claiming that the developer breached the disclosure obligations set out in section 72 of the Condominium Act, 1998 when it turned out that the forced

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Is your Condo Ready for the Legalization of Marijuana?

Last week, the government of Canada introduced legislation to legalize and regulate the possession, production and use of marijuana in Canada. What does that mean for your condo corporation? It may be time to update your rules.   Read the article………….

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Recap – Motions at Meetings

It is AGM season again. Rather than re-invent the wheel, I decided to highlight a post from two years ago about motions at meetings using Robert’s Rules of Order. I posted a Chart that I had made summarizing the motions

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Recap: Requisition Meetings

I’ve had a few questions about requisition meetings recently so I thought I would take some time today to make a few comments about them.  First, a requisition does not always mean that the owners distrust the board or think

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Accessing Justice from Your Smartphone: The Civil Resolution Tribunal (BC)

Starting June 1, 2017, certain small claims disputes will be adjudicated online rather than in a traditional courtroom in British Columbia, thanks to the Civil Resolution Tribunal (CRT), the first online tribunal of its kind in Canada.  The CRT is

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A property manager’s guide to roof inpections

At least twice per year, property managers should inspect and conduct maintenance on their roofs. An inspection in the spring will identify any damage that occurred over the winter months, and an inspection in the fall will ensure the roof

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When To Retain a Licensed Engineer

It is commonplace for businesses and community associations to retain an accountant, or a lawyer, or a financial advisor; but how often does one think about retaining a Professional Engineer?  Engineering oversight on your technical projects pays for itself in

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Court refuses to order Medical Examination of Misbehaving Owner (ON)

A recent decision of the Ontario Superior Court shows that Courts can be reluctant to Order a medical examination of a misbehaving owner – unless there is some real evidence of a mental health issue.  In the case of Toronto

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Accommodating disabilities: What medical evidence is required?

It is well known that condominiums owe a duty to accommodate persons with disabilities. It is less clear, however, what constitutes adequate proof of a disability. Ambiguous medical notes containing no meaningful details are often the only documentation given to

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Case Study: Harrison West Tower Re-pipe

The Harrison West Condominium Association required a re-pipe of their historic 24-floor residential tower situated in the desirable PSU area of Portland Oregon. Community Engineering Services, PLLC formed a team with engineering specialists Dan Robles, PE, David Coles, PE, Architect

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Galvanized Pipe Condition Assessment

Community Engineering Services, PLLC was retained by a home owners association representatives to support a Galvanized Pipe Condition Assessment for a high-rise condominium in the Pacific Northwest region of the United States. The results published here were presented to a

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Addressing Water System Failures Before They Happen

In the heyday of the real estate bubble, developers flipped tens of thousands of apartment structures into condominiums – with little regard for the condition of the potable water system. Many of these galvanized steel or early copper systems are

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Service Life of Building Components

The standard reference for service life of building components such as HVAC systems, Plumbing, air handlers, Digital Controls, and elevators, etc. may come from many different reference books whose authors have deduced, observed, or tested a sample of similar components

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Correcting HOA Maintenance Dysfunction

Here’s How The Problems Start:  The board of directors of a homeowner’s association is entrusted by the residents to hire a contractor to perform a complicated reconstruction project. Unfortunately, condominium board members are not very good at writing contracts or

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5 Questions About Reserve Fund Studies

The Reserve Study is one of the most important documents that a shared asset community can own. Coengineers, PLLC complies with the more stringent standard of the Canadian Reserve Study Act combined with the ASTM E2018-08 standard for building condition

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New Condo Authorities Launch their Websites!

The “new” Condo Act and the new Condo Management Services Act are expected to be implemented in phases over the next few months. While proposed regulations to this legislation are still in draft form, the new “Condo Authorities” expected to

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When private interests infiltrate the condo board

Why does one become a director? It’s generally not the applause, the pay cheque, or the pleasure of being bombarded in the elevators by other residents’ questions. Some directors cite interest in playing their part to help their home thrive,

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Changes are Coming: Voting (ON)

Big changes are coming to the voting procedures for owners’ meetings. I’ve previously written about the changes for notices and pre-notices, but you’ll also need to familiarize yourself with the new requirements for voting at owners’ meetings.   Read the article…………

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Pick or Pass: What You Need to Know About Pre-Construction Condos

Toronto’s housing market is as diverse as its people: ranging in price, size, and location. I pick a Toronto listing or trend to focus on each week and review it with a professional’s eye. What makes a property a great

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Major Changes to Condo Insurance and Repair Obligations

The province of Ontario is in the process of adopting sweeping changes to the Condominium Act. In this post we discuss how the new provisions will drastically change who is responsible to repair (and therefore who is responsible to insure)

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Money Doesn’t Grow on Trees, or Does It?

What can a condominium do when it is facing a large deficit or an unexpected repair project has depleted the reserve fund? Typically, the condominium would levy a special assessment or increase the monthly fees. In some cases, a loan

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Aging Condominium updates for an Aging Population

Condominiums are not just for young people, there are many elderly condo residents that bought their units in the 1980’s. Many early construction condo buildings are now facing challenges of providing amenities to owners who are 65 years or older.

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Proposed New Condo Regulation – Mandatory Training and Disclosure for Condominium Board Directors

Being a condominium director is a volunteer position. However, it comes with considerable responsibility, as the board of directors of a condominium corporation has the responsibility to manage the affairs of the corporation. For many unit owners, their condominium unit

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Condo Managers Will Not Be Able to Solicit Proxies Under the New Condo Management Services Act

You will recall that, earlier this year, the province circulated the draft regulation it proposes to adopt under the new Condominium Management Services Act. We have extensively blogged about this. In this post, we look at the restrictions imposed by

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Changes are Coming – Requisitions

One of the most contentious sections of the Condominium Act, 1998, is section 46, which is the right of owners to requisition a meeting of owners. Given the number of cases on the requisition right (most of which dealt with

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Summary of Draft Regulations under the Condominium Act, 1998 – Meetings and Voting

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

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A Requisition for a Special Owners Meeting can Lead to a Defamation Case

The ultimate recourse when condo owners are dissatisfied with the board    its decisions is to requisition an owners meeting to remove directors. This process often leads to various groups campaigning the owners to support their position. A recent unreported

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Proposed New Condo Regulation – Mandatory Communications to Owners

When the Government of Ontario conducted its review of the Condominium Act, 1998 (the “Act”), one of the concerns raised was that there was not enough reliable, timely and relevant information being communicated to condominium owners by the board of

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Party On? Third Party Liability and a Condo’s Party Room

For St. Patrick’s day weekend we have a post about alcohol! Daniel Brockenshire, a law student at Sutherland Kelly LLP, greatly assisted with the research and writing of this post. Thanks, Daniel!   Condominiums are required to have insurance coverage

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Summary of Draft Regulations under the Condominium Act, 1998 -Required Disclosure by Directors and Candidates

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

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Airbnb Legal In Your Condo? Here’s What You Need To Lookout For

The popularity of Airbnb.com and other short-term accommodation rentals booked through “home sharing” websites is growing. Meanwhile, condo associations across North America battle against the trend to protect their communities from a revolving door of Airbnb renters. While condo boards

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Condo Unit Owner Successfully Challenges Lien

In a recent case, Washington v. Y.C.C. No. 441, 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.

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How climate change could affect maintenance fees

Summer 2016 was one of the hottest on record in the Greater Toronto Area, with experts predicting summer temperatures could soar to 44 degrees Celsius by 2050. In this rapidly changing climate, the city’s high-rise buildings are also feeling the

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The Rogue One: Directors Gone Bad

A condo director unilaterally fires the property manager, hires himself in her place, enters into several other contracts without discussing it with the other directors, bullies the other owners, sues the corporation, and causes thousands of dollars in damages. It

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Can Condominiums Force Owners to Undergo Mental Capacity Assessments

In this post, we discussed two recent cases where the courts have had to make the difficult decision of whether to order a condo owner to have their mental capacity assessed. Interestingly enough these cases led to surprisingly different results.

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Summary of Draft Regulations under the Condominium Act, 1998 – Communication with Owners (and mortgagees) “Information Certificates”

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

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Reviewing the Draft Regs (Series 2)

A few months after publishing the draft regulations relating to the Condominium Management Services Act, 2015 (see our blog entries on those regulations here, here and here), the Ontario government issued several of its promised proposed regulatory amendments under the

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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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