A case recently released provides a great summary of enforcement principles in condominiums. Briefly, it was an application by a group of owners against the condominium and one of the directors. The owners claimed that the condominium was not enforcing its single family residence restriction. There appears to have been a battle in the condominium […]
The Residential and Tenancies Act, 2006 is the legislation presently applying to landlords and tenants. It provides that “[a] provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.” Consequently, a landlord cannot prevent a tenant from having a pet. However, what does that mean for condominium […]
We published a piece last May recommending that condominium corporations enact policies to collect common expenses in an orderly, systematic way. Unfortunately, we continue to see condo boards deliberately delaying the commencement of power of sale proceedings on liened units. Such delay brings added cost, wasted board time, greater hardship on unit owners in trouble […]
Though the weather suggests otherwise, spring has finally sprung in Ontario. As many condo corporations begin their seasonal cleaning and maintenance routines, our courts are likewise gearing up for significant housekeeping. Recent changes to the Rules of Civil Procedure will automatically sweep away pending lawsuits brought in the Ontario Superior Court that are not moved […]
This case involving a housing co-operative provides a good (but sad) example of the difficulties faced by a corporation (be it condominium or co-operative) when faced with a hoarder. In this case, the co-operative appears to have taken all required steps to protect the other co-owners and the corporation. It involved the Police Department, the […]
This case involving a housing co-operative provides a good (but sad) example of the difficulties faced by a corporation (be it condominium or co-operative) when faced with a hoarder. In this case, the co-operative appears to have taken all required steps to protect the other co-owners and the corporation. It involved the Police Department, the […]
Until now, mortgagees could commence their enforcement lawsuits anywhere in Ontario they pleased, regardless of where the mortgaged property is located. That option is now gone. On March 31, 2015, rule 13.1.01 of the Rules of Civil Procedure is amended by adding the following new subrule Read more……..
Every time I am approached by condo buyers and owners alike, the most asked question is on the future of condominiums. Practically speaking, condos will exist as a real-estate ownership option for as long as there are buyers willing to buy them — notwithstanding their inherent ownership related problems. Read more………
Living in a condominium means sharing space, including a building’s entrances, elevators, hallways and parking lots. While those common spaces can be important for interactions between neighbours, they can also create security issues, as residents don’t always know who else is in their building. Read more……….
Who should pay the bill when condominium directors act unlawfully and take justice in their own hand? According to the Court of Appeal it may be the owners having elected them! We blogged already on the Ottawa case where condominium directors were found to be in contempt of court when they decided to ignore a […]
Despite being reviewed by a number of people during the development phase, sometimes a declaration or description is registered with an error or inconsistency in it. For instance, where two condominiums are mirror images of each other and the documents prepared from the first are used for the second. Read more………
With ethics and governance being such a hot topics in the corporate and political world, you won’t be surprised to hear that condominium corporations are no stranger to these concepts. Directors must be conscious of the standard of care expected from them and of the risk of conflict of interest. Read more……….
Mr. Taite’s initial Application before the Tribunal was dismissed last February. At the time, he was alleging that the responding condominium corporation violated the Human Rights Code by failing to accommodate his disability, which required him to drive a modified truck. At the time, he was requesting to be able to park his over-sized truck […]
In September 2013, the Ontario government, in conjunction with Canada’s Public Policy Forum, published a working paper on changes to the Condominium Act of Ontario. The current Condominium Act in use in Ontario was prepared in the late 1990s and brought into force in 2001. It is widely held that a review of the Act […]
