Canada Condominium (Strata) & HOA News
- Condo Smarts: Do standard bylaws change? (BC) March 16, 2024Dear Tony: Is there a chance the Standard Bylaws of the Act will ever change? It would significantly reduce the number of agreements we would require for owners to be responsible for the changes owners are making for EV charging, heat pumps, furnace conversions and balconies. We are a mix of an apartment style building and 22 townhouses and the bylaws don’t fit our type of strata very well. We are developing a very detailed set of bylaws and are ...
- Highlands Community Association considers next step after judicial review rules in favour of quarry (BC) March 13, 2024A judicial review in the BC Supreme Court has found nothing in the provincial Mines Act legislation that would help the Highlands District Community Associations (HDCA) in its fight against a rock quarry. Read the article…………………………….
- Condo Smarts: Investments for special levies and reserves (BC) March 13, 2024Q: Our strata corporation has approved a special levy in payments for roofing of our eight- building complex. As a large development, this will be a significant amount. The first due date of the levy is June 1, then Oct. 1, and April 1, 2025, with a planned completion over a year. Total cost and levy approved was $2.2 million. Read the Q&A………………………………..
- Condo Smarts: Strata faces insurance confusion after cold snap damage (BC) March 12, 2024Dear Tony: Our strata building was one of the unlucky victims of the extreme cold snap, resulting in an unheated stairwell riser freezing, bursting and damaging our common areas and 11 of our 65 units. To avoid an insurance claim, the property manager and council decided to treat these all as separate claims and advised each owner to file a claim on their homeowner policies. Read the Q&A………………………………..
- Burnaby strata ordered to reverse $25K charge for damage caused by clogged drain (BC) March 11, 2024The province’s Civil Resolution Tribunal has ordered the strata at Acacia Gardens in South Burnaby to maintain its roof drains regularly and to reverse nearly $25,000 in repair costs it tried to charge two owners. Read the article…………………………….
- Condo Smarts: Disruptive ‘shadow council’ undermines strata (BC) March 9, 2024Dear Tony: Our strata is a bare land over 200 units and we have been developing a new set of bylaws over the past year. We have held several information meetings and distributed drafts to our owners. Unfortunately, a small group of owners have taken it upon themselves to create a serious division in our community by challenging the need for bylaws because we are a bare-land strata, but mainly because the bylaws will affect their disruptive behaviour in our ...
- ‘Infuriating’: BC Housing suing 22 people who bought affordable housing units, but allegedly did not meet criteria March 8, 2024Numerous people are being taken to court after purchasing units in The Vivid, a building offering affordable housing units, without meeting the criteria. Vivid at the Yates is a residential development in downtown Victoria with condominiums at a below-market price. Criteria for ownership stated that buyers had to live in the unit, and could not sell it for a period of two years. Buyers were also not supposed to own any other properties. Read the article…………………………….
Canada News Archives
Canada Condominium (Strata) & HOA Articles
- Proving the Source of Smoke March 18, 2024In the case of D’Souza v. TSCC 2565 et al., the Applicant owner claimed that cigarette smoke was entering her unit from a neighboring unit and that the condominium corporation had failed to properly investigate and resolve the problem. The Applicant claimed that the smoke contravened Section 117 (2) of the Condominium Act as well as the Rules of the condominium corporation. Read the article…………………………….
- Sharing Between Condominium Corporations (ON) March 8, 2024In the case of OCCC 574 v. OCCC 573, there was a retaining wall located (essentially between the two condominiums) partially on each property. About 60% of the retaining wall was on the OCCC 574 property, and about 40% of the retaining wall was on the OCCC 573 property. The retaining wall was nearing the end of its life, and needed to be rebuilt. There was no registered agreement addressing responsibility for the retaining wall. The two corporations could not ...
- Can owners use records requests to go on “fishing expeditions” (ON) March 5, 2024Owners are entitle to access records of the corporation. After all, these records “belong” to the owners and the affairs of the corporation are an “open book” to the unit owners. But what can condos do when an owner’s records request goes to far? Are owners entitled to go on fishing expeditions? Read the article…………………………….
- Owner Responsible for Corporation’s Deductible (ON) March 1, 2024In the case of Abeygunasekara v. PCC 392, the Ontario Superior Court held the owner responsible for loss falling within the deductible under the condominium corporation’s insurance policy. In the PCC 392 case, water overflowed from the toilet in Unit 718, resulting in damage to several other units and to the common elements. According to the Court’s decision, the superintendent “checked the toilet and determined that the toilet’s flapper was ajar, and that the toilet had been clogged.” The damage ...
- Privacy Concerns: Video Doorbells in Condos (ON) February 29, 2024In the age of technological advancements, the integration of video doorbells in condos have become an increasingly hot topic. Video doorbells, equipped with real-time video streaming, have revolutionized home security. While these devices offer enhanced security and convenience, the rising installation of video doorbells in condos has sparked concerns about privacy. Read the article…………………………….
- Top 10 Amenities Residents Want In A Condominium Corporation (ON) February 26, 2024Many condominium corporations have amenities that give residents even more opportunities to enjoy their community. These amenities, funded primarily through common element fees, play a pivotal role in shaping the quality of neighbourhood life. They also help a condominium corporation remain competitive in the homebuying market and increase property values. Read on to learn the top 10 amenities that today’s condominium corporation homeowners and potential homebuyers are looking for. Read the article…………………………….
- Smoking in condos does not always amount to nuisance (ON) February 22, 2024While lots of condos have become smoke free, many either don’t regulate smoking or have granted legacy rights to existing smokers. The result is that, when owners complain about smoke in their units, both sides rely on their nose to argue that the other side is wrong about the degree of nuisance. In a recent case, the CAT ruled on whether a “sniff test” constituted an adequate investigation into a smoke complaint. Read the article…………………………….
Canada Article Archives
Canada Laws
British Columbia Strata Property Act
Quebec – Divided Co-ownership of Immoveables
Alberta – Condominium Property Act
Saskatchewan – Condominium Property Act
Manitoba – The Condominium Act
New Brunswick – Condominium Property Act
Prince Edward Island – Condominium Act
Labrador/Newfoundland – Condominium Act
Canada Condominium & HOA Resources
Canadian Condominium Institute – The Canadian Condominium Institute is the Voice of Condominium in Canada. It is a national, independent, non-profit organization dealing exclusively with condominium issues.
Ontario
The Condominium Authority of Ontario
The Condo Management Regulatory Authority of Ontario
The Association of Condominium Managers of Ontario
Resources for Condo Directors & Owners
Forms related to the Condominium Act
Condominium Dispute Resolution Model for Ontario
British Columbia
Strata Housing (BC Government site)
The Condominium Home Owners Association
Vancouver Island Strata Owners Association
The Condominium Owners Association of B.C.
Quebec
Condo Information Centre for Owners and Future Owners
Alberta
Condo Owners Forum Society of Alberta
Condo Owners Council of Alberta
Remi Network – Condo Business
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Canadian Condominium Blogs
Michelle Kelly’s Condo Law Blog
Lash Condo Law also has a number of publications for condominium information
Clifton Kok LLP Legal Counsel has a number of information sections:
Canadian Condominium Institute Videos
Videos can be found at: https://www.youtube.com/channel/UCQpWqdGEOZO-3U3lxSp-W1A