For the second time, the Condo Tribunal was asked to rule on whether recordings of online owners’ meetings constitute a record of the corporation to which owners are entitled. This case significantly moved the needle with its conclusion that such recordings are in fact records of the corporation (at least in the circumstances of this […]

The lien regime to collect arrears against a defaulting unit owner is straightforward and codified in the Condo Act and common law – there’s a default in common expense payment, a lien arises automatically, a certificate of lien is registered against title to the defaulting unit and then enforcement may take place in the same […]

Bill 44 will prohibit all rental restriction bylaws in strata corporations. Under Bill 44, strata corporations will still not be allowed to “screen tenants, establish screening criteria, require the approval of tenants, require the insertion of terms in tenancy agreements or otherwise restrict the rental of a strata lot.” This is currently the case under […]

You’ve been elected to sit on your condo’s board of directors. Perhaps this is your first term, or you’ve been re-elected to your condo’s board over several terms. Ideally, you already possess well-defined hard skills that may include, for example, accounting, strategic planning, marketing, computer programming, or finance. It’s because of these hard skills that […]

…..Many of us in the condominium industry know the above scenario to be a “condo classic”. Neither the factual circumstances nor the legal framework of chargebacks are new. Yet, the interpretation and application of chargebacks continues to cause much confusion for condominium managers, board members, and unit owners alike. Much of this has to do […]

An arbitrator had the authority to interpret a condominium’s declaration and didn’t amend the declaration, regardless of whether the interpretation was correct or reasonable, the Ontario Court of Appeal has ruled.   Read the article………………………..

In the case of Friedlander v. YCC 427, the CAT dealt with an owner’s complaint about noise from the unit above. The complainant alleged that she was experiencing unreasonable noise disturbance (from the unit above) and that replacement flooring installed as part of a renovation in the above unit contravened the condominium corporation’s rule relating […]

A recent decision from the Condominium Authority Tribunal (the “CAT”), Gale v Halton Condominium Corporation No. 61 (“Gale”), dealt with the issue of whether the minutes of a board meeting were “adequate” in accordance with section 55(1)2 of the Condominium Act (the “Act”).     Read the article………………………..

Living in a condominium has its perks. And the community lifestyle, professionally maintained amenities, and enhanced property values that attract homebuyers to the neighbourhood are equally enticing to prospective renters. Owning a rental property within a condominium can be rewarding, but it also has its challenges.   Read the article………………………..

A recent CAT decision considered whether a condo’s claim for indemnification for legal costs in issuing a compliance letter was reasonable and whether the owner was required pay it.   Read the article………………………..

Here’s what we’ve been noting about winter maintenance contracts:  Sometimes the contract may place unreasonable limits upon the contractor’s liability. In our view, a winter maintenance contractor should be fully liable for any harm or damage resulting from the contractor’s negligence or breach of contract, and we recommend that this be carefully spelled out in […]

As a result of the recent rise in interest rates, purchasers of condominium units will now receive interest on their deposits. Coming January 1, 2023, interest payments on deposits will be further increased with the introduction of further regulations under the Condominium Act.  Read the article………………………..

In the case of TSCC 2138 v. Palmer et al, the condominium corporation applied to the CAT for an order to stop certain nuisances caused by a tenant. The CAT held that the tenant’s activities of sweeping and mopping dirt and water off her balcony and hanging rugs on her balcony railing were nuisances, in […]

As multi-residential buildings wrestle with rising construction costs, condo managers in Ontario are experiencing the impacts up close.  Inflation, supply chain disruption and labour shortages are collectively affecting both capital projects and day-to-day operations, says Yasmeen Nurmohamed, President of Royale Grande Property Management Ltd, based in Toronto.    Read the article………………………..

In the case of Durham Condominium Corporation No. 80 v. Occleston, the condominium corporation brought an application to enforce the condominium corporation’s no smoking rule as against one of the residents. The parties settled the matter at the Stage 2 mediation, where the resident consented to an order to comply with the Rule. However, the […]

Being a condominium director is often a thankless job: most condominium directors in Ontario serve on an unpaid volunteer basis to deal with big-ticket items such the corporation’s finances, maintenance and repair and rule enforcement all while inevitably making themselves a target for unhappy owners. Generally speaking, the Condo Act and a condominium’s by-laws requirements […]

The Court of Appeal for British Columbia has allowed the appeal of a strata lot owner, ruling that no equitable easement was created by representations made by the lot’s former owner that could be enforced against its new owner.    Read the article………………………..

Our readers may be aware that under section 117 of the Condominium Act, prohibited activities now also include certain types of nuisances, which are: noise, odours, smoke, vapour, light, and vibration.   Read the article………………………..

This past year has proved difficult to complete major building repairs. Construction costs are up — significantly. Contractors are hard to come by. Materials may not be available or may have significant lead time prior to delivery.   Read the article………………………..

Most condo corporations have their auditor attend the AGM to present the audit and answer any questions on same. Other corporations don’t and, instead, have a director or manager present the audit report. In this blog post we explore all questions related to auditors including whether the auditor is required to be present at the […]

The Condo Tribunal had to recently deal with a case where a condo owner interfered with the snow removal operations by parking his car (on his driveway) in such a way as to impede the snow removal operations. This owner also inappropriately interacted with management and a director of the corporation.   Read the article………………………..

It has often been assumed that a developer that is not involved in the physical construction of a building is not liable to the building owners for construction defects. However, the recent case of Condominium Corporation No. 0522151 (Somerset Condominium) v JV Somerset Development Inc., 2022 ABCA 193 (“Somerset”), has called that assumption into question.  […]

Whether in baseball or a court of law, all eyes turn to the officials as they make their decision. As the expression goes: the waiting is the hardest part. A new Court decision has denied a claimant’s attempt to terminate her dispute resolution hearings with multiple insurers in a three-year dispute over the value of […]

With everything seeming new and shiny, many buyers can enter a honeymoon period with their new strata corporations. Many may also be preoccupied with moving and settling in. However, there are many issues that a new strata corporation should deal with or they may run into trouble later.   Read the article………………………..

With the loosening of COVID-19 restrictions and immigration doors re-opening, there should be no shortage of cranes in the ground over the next few years. New condominiums have a host of issues to address within the first couple years of registration. With this in mind, over the course of three articles, we will cover our […]

As a responsible condo Board director, it is your obligation under the Condominium Act, 1998 to oversee and approve the corporation’s finances, operating and reserve funds, and budgets on behalf of the owners. The role of a Board member requires serious – sometimes unpopular – decision-making.  Read the article………………………..

The CMRAO has recently issued its yearly report covering their activities for their 2021/2022 fiscal year. In this post, we review some of the great work it has done for the industry in the last year.  Read the article………………………..

Condominiums, albeit a relatively new legal phenomenon, are showing their age. The value of the land on some older developments now exceeds the collective worth of the individual units.   Read the article………………………..

Common expenses are the life blood of condo corporations and section 85 of the Condo Act allows condos to register a lien to collect unit owners’ share. This section is vital to the functioning of condominiums in Ontario, but it also gives condo corporations enormous leverage to protect innocent unit owners from having to pay […]

Part of being a resident within a condominium corporation involves fulfilling responsibilities to the community—maintaining your property, paying assessments, and, maybe most importantly, following the rules. While every community is unique and has its own set of guidelines, there are some regulations that are necessary to maintain structure in all communities. Read on to learn […]

We all know that condo owners can ask for copies of past board meetings. This is done through a records request. But can an owner proactively request to see minutes of all future board meetings or must they make a request each month?   Read the article………………………..

Most standard contracts for services in the condo industry include termination clauses – while the majority of these are fairly reasonable, from time to time, a contract comes across our desk that just leaves us shaking our heads.   Read the article………………………..

In PMC York Properties Inc. v. Siudak, 2022 ONCA 635, Bill Siudak bought a condominium unit at Bentley Place in 2018. He believed that PMC York Properties Inc., the property management company of Wentworth Condominium Corporation No. 171, and Paul Casuccio were negatively influencing the decisions of the condominium corporation’s board of directors.   Read the […]

It is becoming more common for condominium owners to consider terminating a condominium in order to recover capital and (potentially) make a profit. In this post, we address some of the key points that condominium owners, condominium board members and prospective purchasers of condominium lands should keep in mind when planning the termination of a […]

In the case of Toronto Standard Condominium Corporation No. 2208 v. Kaissi, a dog had attacked and injured another dog in the building. The Board subsequently determined that the attacking dog was a nuisance and therefore sent a letter to the dog owners, demanding that the dog be permanently removed from the property.   Read the […]

A condominium building’s balconies were discovered to have been deficiently designed and constructed after water infiltration and wood rot occurred to the building. The condo corporation commenced litigation against various parties involved in the construction including the developer of the building.   Read the article………………………..

In an interesting (and surprising) decision, the Condo Tribunal reversed a board’s decision to deem a dog a nuisance and to have it evicted after it attacked another dog on common elements.   Read the article………………………..

In the case of YCC 435 v. Karnis et al, the parties agreed that the resident required a service animal because of the resident’s disability. However, the condominium corporation claimed that the resident’s need for accommodation did not entitle the resident to the particular dog, which exceeded the weight limit, and was a prohibited breed, […]

As mentioned in our Blog of October 18, 2021, the temporary measures were most recently extended to September 30, 2022 (a date which is fast approaching!). For that reason, many condominium corporations have either passed, or are considering, their own by-laws to allow for virtual meetings and related matters.   Read the article………………………..

In November 2017, the Condominium Authority Tribunal (“CAT”) was born as Ontario’s first fully online tribunal. “How would we manage this weird new thing?” we thought.    Read the article………………………..

As construction season ramped up again earlier this Spring, a recent decision out of the Superior Court of Justice dealt with a situation where a condo urgently needed to conduct rooftop repairs, but its neighbour would not grant the condo access to its land so the condo could access its podium. The issue for the […]

A recent CAT decision has raised the eyebrows of certain condominium lawyers.  In Decoste v. Halton Condominium Corporation No, 134, 2022 ONCAT 52, the Tribunal enforced a rule which prohibited dogs of any size, residing in or visiting the condominium corporation.   Read the article………………………..

Do you have a virtual meeting and electronic voting by-law? If not, you should start the process now before the deadline of September 30th, 2022; otherwise, you may find that after September 30th 2022, you may not be able to hold a virtual meeting and won’t be able to do advance or real-time electronic voting.  […]