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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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3 tips for raising a family in a Condo

Healthy demand is forecasted for Canada’s condo markets in 2017, and it’s not just young professionals and investors fueling the boom. As low-rise housing prices grow further out of reach, families are increasingly turning to condo life as an affordable

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Another Condo Owner’s Request for Administrator Denied by Court

In a prior blog post, we reported on a case where the Court denied a condominium owner’s application to appoint an administrator, after the Court determined that the corporation was quite capable of governing itself and that the Board members

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Canada: Deference To Reasonable Decision Made By Condo Boards

Directors and officers, acting as a manager of a condominium, have a number of obligations and responsibilities that they are required to carry out. Section 37 of the Condominium Act, 1998 sets out the standard of care which directors and

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The Rise of Short-Term Rentals

As sharing services such as Airbnb continue to grow in Toronto and elsewhere, there are more concerns from residents, politicians, and businesses. The Agenda assembles a panel to discuss what steps, if any, should be taken to handle the short-term

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Condo Managers With a Limited Licence Will Have to Work Under Supervision

In this series of posts, we explore the various condo management licences that will be granted under the new Condominium Management Services Act. Here, we summarize the nature and requirements of the limited licence. This licence will require that condo

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Licensing of Condominium Managers- Six Questions Answered (Blog No. 5 in a Series)

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

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Shared Facilities: Ending the Relationship

Shared facilities agreements (also called cost sharing, joint use and mutual use agreements) are agreements covering lands or facilities which are shared by a condominium and another entity. The shared facilities or amenities may be exterior components like roadways, landscaping

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Condominiums and City of Toronto Waste Collection Offences

The City of Toronto has been charging condominium management companies and condominium corporations, with offences under the Toronto Municipal Code, Chapter 844, Waste Collection, Residential Properties (the “Municipal Code”).  These charges relate to offences under section 16A(3) which requires that

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Dispute over sewer stinks for one condo (ON)

A decision was released today from the Court of Appeal regarding another shared facilities dispute. At trial, the appealing party was found liable for a portion of the expenses incurred to maintain a shared sanitary sewer pumping station.    

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Licensing of Condominium Managers-Who can obtain a licence to be a condominium manager? (Blog No. 4 in a Series)

The starting place is the Management Services Act. The Management Services Act says that an applicant is entitled to a licence if the applicant meets the requirements for a licence in the Regulations (more on this below), unless:     Read

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Condo Manager Licensing in Ontario: The “General” licence

In this series of blog, we explore the various condo management licences that will be granted under the new Condominium Management Services Act, once this legislation comes into force. In this post, we summarize the nature and requirements of the

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Licensing of Condominium Managers-Restrictions on Managers who have a Limited Condominium Management Licence (Blog No. 3 in a Series)

According to the draft regulations, what are the restrictions on managers who have a LIMITED condominium management licence?  As described in my previous blogs on this topic, condominium managers will need to obtain one of the following:   Read the article………….

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Top 10 condo law cases of 2016

Happy 2017! Here’s our recap of some of the most notable condo law cases from the year gone by.   Read the article…………

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Court Declares Condo By-Law Authorizing Allocation/Lease of Common Element Parking Spaces to Unit Owners is Valid

In a recent case, Cheung v. YCC No. 759, a unit owner in a commercial condominium unsuccessfully challenged the validity of a by-law that allocated/leased 4 common element parking spaces to each unit. Before the enactment of the by-law, parking

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Draft Regs re Licensing Released

Unless you’ve been on vacation for the past week or so, you probably know that the Ontario government released the first draft regulation made under the Condominium Management Services Act (CMSA). The draft regulation focuses on the licensing of managers,

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Licensing of Condominium Managers- Licensing Timeframes and Requirements (Blog No. 2 in a Series)

According to the draft regulations, what are the new licensing timeframes and requirements?    Read the article…………..

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What Will Mandatory Licensing of Condo Managers Look Like in Ontario?

When Bill 106 (the legislation aimed at protecting condominium owners in Ontario) received Royal Assent on December 3, 2015, it set out to amend the existing Condominium Act but, as importantly, it also laid out a new licensing regime for

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Sensors poised to transform property management

It’s an exciting time to be involved in residential property management. Technology is developing rapidly and permanently altering the residential landscape for managers, staff, and residents. Several companies are invested in developing the next generation of innovative tools for residential

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Home sharing: There goes the neighbourhood

When French authorities published new population figures for Paris last week, showing a drop of nearly 14,000 residents, politicians and bureaucrats were quick to identify the cause.  It wasn’t the threat of terrorism. It wasn’t high rents or taxes. It

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Property managers downplay cybersecurity threats

Building systems are becoming increasingly connected to the Internet through new technologies that help property managers better serve and protect their tenants. But at the same time, despite creating more functional assets, smarter components, from HVAC and lighting control systems

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Licensing of Condominium Managers – Who Needs to be Licensed?

We now have the draft regulations under the Condominium Management Services Act, 2015 (the Management Services Act). This is the first in a series of blogs that I will be preparing in relation to the draft regulations.  In this Blog

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Using a By-law to Control Parking

A recent decision of the Ontario Superior Court confirmed the validity of a condominium’s by-law, which was passed to control parking on the common elements. See the case of Cheung v. York Region Condominium Corporation No. 759.  Here’s my summary

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Ontario Government Releases Draft Regulation Under Condominium Management Services Act

After much anticipation, the Ontario Government has just recently released the first draft regulation in support of the implementation of the new Condominium Management Services Act (“CMSA”), which received Royal Assent on December 3, 2015, but has not yet been

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The Ramifications of Wrongfully Terminating a Condominium Manager

In a recent case, Win2 Management Inc. v. MTCC No. 1049, a condominium corporation that terminated its contract with its manager, without complying with the termination provisions in the contract, was held liable to pay damages to the manager in

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Three Condo Association Predictions for 2017

Happy 2017! 2016 is behind us with all of its craziness – Surprise election results, various Condo Association policy changes, Pokemon Go, Hatchimals – there was something for everyone. One of the most interesting things in 2016 has been the

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Your how-to guide to a condo purchase

Condominium ownership offers convenience, security, luxury and comfort. But it also comes with its own vocabulary. Don’t let the lingo overwhelm you – here’s a quick guide to common terms you will need to know if you’re purchasing a condo.

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Why Are Reserve Fund Studies Wrong 18 Out Of 25 Times?

Sounds like a university math problem, but it isn’t. Math problems have answers. Reserve fund studies are subject to numerous assumptions beyond anyone’s reasonable control. One such assumption made by far too many reserve fund planners (one that has been

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Looking Back at Condominium Law in 2016 – The Highlights

As we are quickly approaching a new year, we’ve taken a look back at the condominium legal landscape in Ontario over the past year. This has been quite the year, with a number of notable case decisions released by the

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Bill 132 – Update to Workplace Harassment: Is Your Condo Compliant?

A condominium corporation is an employer for the purpose of the Occupational Health and Safety Act (OHSA), and therefore is required to adhere to the obligations under the OHSA relating to prevention of workplace violence and harassment. Such obligations include

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15 Helpful Steps to Create a Budget for your HOA or Condo Association

Budgeting for a community association is both a difficult task and a massive responsibility. The process is a marathon, not a sprint. If you wait too long to start budget preparations, you’re adding the burden of last-minute panic to an

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Bill 132 – Update to Workplace Harassment: Is Your Condo Compliant?

A condominium corporation is an employer for the purpose of the Occupational Health and Safety Act (OHSA), and therefore is required to adhere to the obligations under the OHSA relating to prevention of workplace violence and harassment. Such obligations include

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Advances in fire alarm technology

Fire alarm technology is an important consideration for any apartment building owner today. By installing a current system featuring the latest advances, facility owners and managers can better commit to the safety of an apartment building’s occupants and help to

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Unit Owner Sues Condominium Directors and Manager for Conspiracy

A dispute between a commercial condominium unit owner and the condominium corporation concerning access to a garbage room and service laneway, resulted in the unit owner suing the condominium corporation, as well as the individual directors and the condominium manager.

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Five ways analytics can improve condo management

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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Draft General Regulation under the Condominium Management Services Act, 2015 available for public review

Just in time for your leisure reading over the holidays, the Ontario Government has introduced a consultation draft of the General Regulation under the Condominium Management Services Act, 2015, for public review and feedback.  The proposed General Regulation focuses on

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My Favourite Condo Lessons of 2016

As 2017 approaches I find myself reflecting on the most important news, cases, and other events from this past year. Here are my favourite condo lessons for 2016: 10. Property Managers may be liable for errors in status certificates. The

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Regulations Under the Legislation to Regulate Condo Managers Are Out For Consultation!

The Ministry of Government and Consumer Services has posted today a draft of the first set of proposed regulations to be adopted under the new Condo Management Services Act. This Act is the legislation which will regulate and provide for

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