Canada

Canada Condominium (Strata) & HOA News

Burnaby owner accused of tossing garbage from 9th-floor balcony wins strata battle (BC) May 2, 2024
A Burnaby condo owner has won a victory over his strata after it accused him of lobbing bags of household garbage off his ninth-floor balcony to the common area below. Gandong Xu took the strata at Midori (6638 Dunblane Ave.) to the Civil Resolution Tribunal over a $200 fine for littering, according to a tribunal ruling Wednesday. Read the article…………………………….
Condo Smarts: Strata fees apply even when owners vacate for building repairs (BC) May 1, 2024
Dear Tony: Our building experienced a major flood during the cold snap in January. Everyone had to move out to allow the restoration contractor in for repairs. We are one of three buildings and the owners and tenants have no control over the process of repairs; however, our strata council has given us notice that our strata fees do not discontinue even though we are not getting any of the benefits of the utilities or use of our units. Read ...
B.C. strata must allow injured woman to keep inflatable hot tub on deck April 30, 2024
B.C.’s Civil Resolution Tribunal has ordered a New Westminster strata to allow a woman injured in a car accident to have an inflatable hot tub on her balcony. Owner Margaret Cupples sustained serious injuries in a January 2020 motor vehicle accident, tribunal vice-chair Garth Cambrey said in his April 24 decision. She borrowed an inflatable soft tub spa in June 2020 to assist with her physical recovery, placing it on her deck. She said ICBC purchased the spa in November ...
B.C. management company must pay strata for late bill payments April 29, 2024
B.C.’s Civil Resolution Tribunal has ordered a management company to pay a Langley strata for failure to comply with its contract or provide adequate services. The strata said Quay Pacific Property Management Ltd. owed it $4,837 in damages for the failure to pay bills, late payment fees and copying and postage charges, Read the article…………………………….
Sicamous condo looking to zone out short-term rentals (BC) April 27, 2024
To rent, or not to rent, that is the question and with the strata of the Legacy on Mara Lake in a rift over the issue, they’ve asked that Sicamous council rezone the property. At a Committee of the Whole meeting on April 24, staff reported on the application to change it from MUR-2 seasonal accommodation which allows short-term rentals (STRs), to MUR-1, which doesn’t. This request comes a year and a half after council originally approved the opposite rezoning, ...
Condo Smarts: No exemptions to change in depreciation reports (BC) April 27, 2024
Dear Tony: How do the new changes to depreciation reports apply to smaller strata corporations like a bare land or townhouse strata of less than 25 units? We have very few items of common property and have chosen to defer the requirement as we cannot justify the cost. Will small strata corporations be permitted to create their own inventory of common items? Read the Q&A………………………………..
Insurance fees skyrocket at Williams Lake’s Terra Ridge (BC) April 27, 2024
Insurance for the Terra Ridge strata in Williams Lake has increased by almost four times since the city issued a state of local emergency for the neighbourhood due to a slow-moving slide “The average unit here is having to pay $5,000 a year up from about $1,300,” said Brad Follack, chair of the strata council. “We had to renew here about three weeks ago for a year.” Read the article…………………………….

Canada Condominium (Strata) & HOA Articles

What’s next for condominium insurance? Current realities and what condo boards can plan for (ON) April 26, 2024
In recent years, we navigated a challenging insurance environment known as a “hard market”. This term describes a period when multiple factors make it more challenging to secure and maintain suitable insurance coverage. In essence, the insurance companies were paying out more in claims than they were collecting in premiums. Read the article…………………………….
The intricacies of EV infrastructure remain at odds with condo legislation (ON) April 24, 2024
The electric vehicle landscape is complex, ever-changing and at the cutting edge of technology. For condominium corporations and their owners, this means that there is no one-size-fits-all solution. Unfortunately, the current iteration of the condominium legislation in Ontario, the Condominium Act, 1998, treats the installation of electric vehicle charging stations or electric infrastructure to support such charging stations as binary — i.e. that is to say that there are only two straightforward streams: an installation of infrastructure or communal charging ...
CAT Deals with Noise and Light from Traffic on Nearby Major Road (ON) April 23, 2024
In the case of Taplin v. YRVLCC 1002, an owner in the vacant land condominium asserted that noise and light (from car headlights and streetlights) coming from a nearby major road were a nuisance to the applicant. The applicant claimed that the condominium corporation was obligated to plant some trees to offer the applicant some protection from the traffic noise and light. Read the article…………………………….
Campbell v. Toronto Standard Condominium Corporation No. 2600: Constructive Fraud is Not Fraud for the Purpose of Set-Aside Applications (ON) April 22, 2024
In Campbell v. Toronto Standard Condominium Corporation No. 2600, 2024 ONCA 218, (“Campbell“) the Court of Appeal for Ontario considered the proper interpretation of the term “fraud” as it appears in the appeals and set-aside provisions of the Arbitration Act, 1991, S.O. 1991, c. 17 (the “Arbitration Act”), finding that the term – which is undefined in that legislation – does not encompass constructive fraud. Read the article…………………………….
Owner’s Complaints Cannot Be Ignored (AB) April 12, 2024
Sometimes there are well reasoned decisions from other Canadian jurisdictions with which boards of directors and lawyers in Ontario should be familiar. In Aubin v Condominium Plan No 862 2917, an Alberta court ruled that a condo corporation must investigate noise complaints from common areas. Read the article…………………………….
Awnings And Condominium Regulations: What You Need To Know (AB) April 8, 2024
The installation of awnings in condominiums it represents an issue of common interest for many homeowners. This is a topic that affects legal, aesthetic and coexistence aspects, making it a complex topic to deal with. The main question that arises is whether thecondominium authorization to proceed with the installation of the awnings. This article aims to provide a clear and detailed overview of the legal and regulatory constraints surrounding the installation of awnings in condominiums, examining the current regulations, jurisprudence ...
Social Committee April 4, 2024
Committees are a crucial part of any successful condominium corporation. Comprised of volunteers, condominium corporation committees help support the board of directors so they can focus their efforts on accomplishing operational duties and achieving goals. One important condominium corporation committee is the social committee. Tasked with coordinating social events, these committee members promote harmony and work to ensure the community is an all-around great place to live. Read the article…………………………….

Canada Laws

Ontario Condominium Act

British Columbia Strata Property Act

Quebec – Divided Co-ownership of Immoveables

Alberta – Condominium Property Act

Saskatchewan – Condominium Property Act

Nova Scotia – Condominium 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

Toronto Condo News

British Columbia

Strata Housing (BC Government site)

The Condominium Home Owners Association

Vancouver Island Strata Owners Association