“What is truly the best route to affordable living? The tiny home, or the tiny condo? And are there learnings from the tiny home revolution we can adapt to pre-construction?”  Read the article…………………………….

A 2023 B.C. Supreme Court ruling barring BFL Canada from making a subrogated claim against an Airbnb renter may have negative downstream implications for securing insurance for short-term renters in condo buildings, says a legal analyst.   Read the article…………………………….

The Ontario Superior Court of Justice has dismissed a seller’s claim for over $200,000 in damages after a condominium sale collapsed – concluding that the plaintiff’s own failure to deliver closing funds on time was to blame.  In NDA v. Golden, 2023 ONSC 6689, the parties entered into an agreement of purchase and sale for a Toronto condominium unit at a price of $520,000.     Read the article…………………………….

In this blog post, we explore the Gonzales decision which brings important lessons for condo corporations about the importance of accuracy and honesty when issuing status certificates. This case dealt with two distinct issues:The accuracy of the Status Certificate – the court found that it was accurate; A fraudulent second status certificate issued by the Corporation – this is what we discuss in this blog post.    Read the article…………………………….

In the case of Metropolitan Toronto Condominium Corporation No. 978 v. McNeil, the condominium corporation sought access to the Respondent’s unit in order to attend to required repairs to an adjacent water riser.   Read the article…………………………….

And they’re off to the races! Federal parties are rolling out their platforms, colourful signs are popping up everywhere and candidates have started to knock on doors. Boards and managers will soon receive requests from candidates wanting to access the condo for canvassing purposes. Some owners will ask to put up electoral signs and other will demand that they be taken down. In this blog post, we go over the rules applicable to canvassing and to electoral signs during federal ...

In the case of MTCC 993 v. Daniel Zhan, the condominium corporation’s governing documents (Declaration and Rules) prohibited pets. Nevertheless, the CAT held that the owner was entitled to keep his dog as an emotional support animal.    Read the article…………………………….

As a board member, you know condominium corporation insurance is a necessity. However, you also need to understand the nuances of your policy and whether you’re getting the best rate. With insurance premiums rising, the higher cost can substantially increase condominium corporation common element fees if you’re not careful. Here are tips to maximize your condominium corporation’s insurance coverage.    Read the article…………………………….

At a recent in-person owners meeting that I attended, traditional voting methods were used: paper ballots were prepared for the attendees, paper proxies were submitted, and registration delays pushed the start time back by over 20 minutes. Despite all the effort, quorum was not achieved. This experience underscores a key issue in condominium governance- electronic voting should not be limited to virtual meetings. It should be implemented for all owners meetings, including those held in person.     Read the article…………………………….

In the decision of Choi v Lacerona, Tolentino, the Condominium Authority Tribunal dealt with the issue of cooking odour transfer within a condominium. The Applicant owner alleged that the Respondent’s tenants were creating unreasonable cooking odours that transferred into the Applicant’s unit and that these odours constituted a nuisance, annoyance and/or disruption under section 117(2) of the Condominium Act.   Read the article…………………………….

While drones are not a frequent concern for most Ontario condominiums, their use for photography, recreation, and property inspections is increasing. With this rise, questions about privacy and security are emerging— especially when drones fly near residential units or common areas. A recent controversial social media video highlighted a situation where a drone hovered close to a condo building, raising concerns about unauthorized surveillance.    Read the article…………………………….

While condominium corporation board members have a duty to manage funds responsibly, a lack of planning can lead to poor budgeting decisions and financial consequences. Even with the best intentions, a board member’s mistake can mean higher assessments, underfunded reserves, and missed community enhancements.    Read the article…………………………….

This is a case where an owner abandoned two derelict vehicles in her common element driveway. After 2 years, the corporation brought the matter to the CAT to have them removed. Interestingly enough, this case does not appear to have been a case about parking…   Read the article…………………………….

When a board or management receives a records request from an owner, the first step is to determine whether the documents requested are records that the owner is entitled to receive. In some cases, it may not be clear, and legal counsel may need to advise the corporation so that response to the owner is provided within the required timeframe.     Read the article…………………………….

Some condo developers are switching to clean heating and cooling in their properties for improved operations. However, one source stands out for its potential, resilience, reliability and health benefits — geothermal.  Geothermal heating and cooling use the Earth’s heat to warm buildings via a pipe distribution network. A geothermal heating and cooling system could be key to optimized electricity usage and other energy-efficient technologies to retain heat or cool air.   Read the article…………………………….

In the case of Gonzales v. York Condominium Corporation No. 242, the owners of one of the units claimed that they should be able to avoid certain special assessments that had been levied by the condominium corporation. They also claimed that they had not been properly advised (at the time of their purchase) of certain changes that the Corporation intended to make to the property (namely, removal of their solarium).    Read the article…………………………….

Condo owners who rent out their unit are required to disclose certain information to the corporation. One question that often arises is whether they must also disclose the rent amount?  The short answer is yes—unit owners are required to disclose the rent amount. Then why is there still confusion on this topic? The answer lies in how the information is presented in both the Condo Act and on the CAO’s website.   Read the article…………………………….

Subsection 117(2) of the Condominium Act prohibits condominium corporations and unit owners alike from carrying on activities that create a nuisance, annoyance or disruption to individuals in a unit or the common elements. Read together with Section 26 of Regulation 48/01, a source of “light” may qualify as a nuisance, but only where it is “unreasonable”.   Read the article…………………………….

Introduction to Records and Managing Requests (starting at 1:08) and also, Tips and Recommendations when dealing with Records;  Key aspects of Record Keeping, obligation of the Condominium Corporation and Regulations (starting at 3:39)  Listen to the podcast…………………………..

In the case of Ramos v. York Condominium Corp. No. 25, the condominium corporation had held an election at its 2021 AGM to fill four vacancies on the corporation’s Board of Directors. The AGM was chaired by the corporation’s then building manager, Bert Berger. He declared that four incumbent Directors had been re-elected. One of the owners, Maria Ramos, applied to Court to challenge that result.      Read the article…………………………….

This Saturday marks the 60th anniversary of the Canadian Flag. In response to you-know-what-by-you-know-who, five former prime ministers have asked Canadians to fly the Maple Leaf this Saturday… but what about those pesky condo rules? Can Condo Land join in this wave of patriotism?   Read the article…………………………….

Under the Condominium Act, 1998 (the “Act“) individuals running for election to a condominium’s board of directors or being appointed to one, must disclose specific information before their election or appointment.   Read the article…………………………….

Reporting a roof leak right away might seem like a no-brainer, but too often, we encounter situations where signs of a leak are reported months after they are first observed. This is especially true during and following the winter months.    Read the article…………………………….

The good news here is that if you own a condo in Canada, your building is already required to conduct regular reserve studies and have some type of funding plan in place. That means it is far less likely your reserves are critically underfunded.   Read the article…………………………….

In this blog post, we explore whether condo owners can hold back their common expenses when they have a claim against the corporation? In our shortest post ever, the answer is: “no”. The end.  We could have stop the post there but we figured you may want to know a little more about a recent case dealing with this question.   Read the article…………………………….

Condominium corporations are facing increasing challenges as insurance premiums continue to rise. In response, many corporations are exploring ways to mitigate these costs, including seeking recovery from unit owners whose actions may have contributed to premium hikes. Some condominium declarations contain provisions that pass on the increase to the corporation’s insurance premiums in certain circumstances, allowing corporations to pass on increased costs to an owner whose act or omission led to the higher premium.   Read the article…………………………….

Keeping up with a condo building’s maintenance isn’t just about great curb appeal. It helps protect the property’s value and keep unexpected repair costs and monthly fees at a minimum while enhancing comfort, safety, and functionality of the building. There are different types of building maintenance—each one is designed to address specific needs and challenges.   Read the article…………………………….

Considering litigation? If so, don’t wait too long, because the clock is ticking, and you might run out of time sooner than you think.   All legal proceedings are subject to “limitation periods” – deadlines to sue. A claim must be filed before the limitation period has expired or it will be dismissed, regardless of the merits.    Read the article…………………………….

In most cases, records of a condo corporation are expected to be part of an open book, accessible by owners. But does this right to examine records of the corporation extend to email exchanges between board members?  In this blog post, we explore 3 cases on this issue with different lessons.   Read the article…………………………….

Budgeting is a cornerstone of financial stability for homeowners associations (HOAs) and condominium communities. A well-prepared budget ensures your community avoids financial pitfalls, stays proactive, and is ready for the future. Here are 10 actionable tips to help community association managers navigate the budget planning process with ease.    Read the article…………………………….

Because owners often have busy schedules, participation in condominium corporation meetings can be challenging. However, a significant number of condominium corporations now hold virtual meetings to make it easier for homeowners to attend and engage with the board and fellow neighbours.   Read the article…………………………….

As many of our readers likely know, certain condo disputes (but not all) fall under the jurisdiction of the Condominium Authority Tribunal. Indeed, the CAT has jurisdiction over records, pets, parking, storage, nuisance, and chargebacks related to these. However, over the last few years, the Tribunal appears to have taken an expanding approach to its jurisdiction, for instance when it started to rule on cases involving harassment.   Read the article…………………………….

The court in Shui Ming Tong Foundation concluded that the condominium corporation was entitled to maintain the caveat it registered against the defendant unit owner’s certificate of title under s. 39.2(6) of the Condominium Property Act, RSA 2000, c C-22 (the “CPA”), notwithstanding that the amounts secured by the caveat were limitations barred and the condominium corporation was no longer entitled to pursue debt or foreclosure proceedings to collect the outstanding contributions.    Read the article…………………………….

The Condominium Authority Tribunal decision of Kovalenko v. Romanino et al. dealt with the allegation of an owner – who resides within a condominium that permits smoking – that certain smoke and odour migrating into the owner’s unit is unreasonably interfering with the quiet use and enjoyment of his unit and is therefore causing a nuisance.    Read the article…………………………….

As our first blog post of the year, we revisit the question of whether condo corporations are entitled to enter a unit to repair and maintain common elements. As you will see from a 2023 decision, an owner’s refusal to permit access to their unit can end up being costly to them.   Read the article…………………………….

Before diving into our festive condo tale, we’d like to dedicate this post to none other than Rod Escayola, whose annual holiday blog posts have become a cherished tradition in the world of Ontario condominiums. Rod has an incredible knack for combining wit, wisdom, and a sprinkle of holiday magic to make even the driest condo topics feel festive and fun.  Read the article…………………………….

For Condominium Boards and Property Managers, experiencing a property disaster, be it a fire or flood, the disaster tends to occur at the worst time. Aside from the need for a proac­tive response, there is the question of whether this disaster warrants an insurance claim.    Read the article…………………………….

To plan for increased electrical demand – including electric vehicle (EV) charging and heat pumps – strata corporations with five or more strata lots, are required to obtain an electrical planning report by December 31, 2026 or December 31, 2028 depending on where the strata corporation is located in British Columbia.     Read the article…………………………….

Alberta has tabled legislation that aims to improve governance in condominium communities……Developers and contractors would also benefit from this Act. Amendments would allow them to get paid in full sooner, and harmonize prompt payment rules and processes for public and private sector construction projects.     Read the article…………………………….

The current strike at Canada Post presents unique challenges for condo corporations needing to serve notices of lien. Indeed, in accordance with section 85 of the Condominium Act, notices of lien must be served within strict timelines. During a postal disruption, sending notices by prepaid mail—a commonly used method—is no longer a reliable option. Read the article…………………………….

In a recent court case, a unit owner was ordered to sell their unit after a series of abusive and harassing behaviors. This individual filed baseless complaints against various regulatory bodies and harassed other residents, even spray-painting swastikas on doors and making offensive remarks   Read the article…………………………….

Are pet prohibitions in condominium bylaws and rules permitted? In our view, the answer is yes, in certain circumstances, so long as there is a reasonable explanation as to why a complete prohibition is needed.   Read the article…………………………….

Catterall v Condominium Plan No. 752 1572 (Park Towers) emphasizes the financial risks of condominium disputes and the importance of efficient conflict management. The Applicants alleged inadequate maintenance, reserve fund mismanagement, and improper conduct by the Condominium Corporation, seeking court-appointed administration under section 58 of the Condominium Property Act.     Read the article…………………………….

As more condominiums rise up across Ontario, boards play an increasingly vital role because they oversee the operation, both physical and financial, of these communities.  Governance has been scrutinized since the first condominium in the province went on sale in 1967. Some have argued that boards form a fourth level of government, with directors having almost absolute power over the affairs of their condominium corporations.   Read the article…………………………….

Anyone thinking this condominium corporation is protected from wrongful dismissal claims would be wrong. Not only do courts in Ontario hold employers to strict standards when it comes to termination clauses in employment agreements, this standard can be akin to a moving target.    Read the article…………………………….

Meeting minutes are more than just a formal record of board meetings; they are essential for maintaining transparency, ensuring compliance with condominium laws, and protecting the board against potential legal disputes. To help board members and property managers fulfill this responsibility, here are ten best practices for creating accurate, concise, and legally sound meeting minutes.    Read the article…………………………….

The board of directors is an important—and required—aspect of any condominium corporation. Comprised of elected volunteers who live in the community, the condominium board is responsible for overseeing the community’s operations and setting it up for long-term success. A critical role, board members have a duty to act in the community’s best interest when making decisions for fellow residents—a fiduciary duty.     Read the article…………………………….

The holiday season brings joy, community spirit, and festive decorations, but it can also present unique challenges for condo managers and board members. Understanding how to handle holiday decorations effectively is crucial to maintaining harmony in the community and respecting diverse cultural traditions.    Read the article…………………………….

The city of Vancouver’s first condominium complex is a modest, pleasant-looking six-storey building.  Built in 1970 at 5350 Balsam, it continues to provide 24 units on a quiet, leafy street in the Kerrisdale neighbourhood.  You could say it’s a historic site.  Balsam House, as it’s known, marks the dawn of Vancouver’s remarkable condo revolution, which has gone on to change the face of many of the world’s major cities.    Read the article…………………………….

The Condominium Authority Tribunal, also known as the CAT, has jurisdiction to certain matters set out in Regulation 179/17. Among other things, this includes disputes about records, pets, parking, storage and certain disputes related to nuisance. But where does harassment fall within these categories?     Read the article…………………………….