Top 10 Amenities Residents Want In A Condominium Corporation (ON)

Many 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 […]

Smoking in condos does not always amount to nuisance (ON)

While 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 […]

Resident Permitted to Keep Dog as an “Emotional Support Animal” (ON)

In the case of MTCC 584 v. Kakish, the condominium corporation’s Declaration and Rules contained provisions prohibiting pets in the units.  One of the residents had a dog. She provided three letters from her doctor, setting out her need for the dog. She also provided a further letter from her treating psychiatrist. The letters stated […]

Condos must enforce their visitor parking rules (ON)

Here is another case involving visitor parking. In this case, the CAT ordered the condo to enforce its existing rules and to implement measures to better regulate the use of their visitor parking. Facts of the case: The condo complex at the centre of this litigation has 25 common element visitor parking spaces for approximately […]

B.C. Civil Resolution Tribunal Says Smokers Didn’t Have a Right to Smoke

In the case of The Owners, Strata Plan NES2613 v. Ramsay, the B.C. Civil Resolution Tribunal ordered the residents of one of the units to stop smoking in their unit.  The strata corporation had passed a bylaw against smoking. The bylaw said that a resident could not smoke in any interior space, including within the […]

Condominium Corporations Are Not Authorized to Release Owners’ Emails to Third Parties Without Clear Consent of the Owners (ON)

Recently, we have received enquiries from clients about whether or not condominium corporations are required to provide a list of owners’ email addresses to owners (in accordance with a request for records) or to a third party (for instance, the Condominium Authority of Ontario). The short answer is no. Read the article…………………………….

The Importance of Full Disclosure in Status Certificates (ON)

A status certificate is a crucial document for prospective purchasers. This document serves as a comprehensive guide, offering a point-in-time snapshot of the condominium corporation’s fiscal health, potential circumstances which may result in an increase in common expenses, ongoing legal matters, and other potential red flags that would be of interest to purchasers.   Read the […]

What’s next for condominium insurance? (ON)

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………………………………

A look at the CAO’s draft anti-harassment rule (ON)

Harassment towards property managers, directors, contractors, and residents remains a significant problem within condominium corporations. It is an unfortunate reality that some individuals use verbal abuse, personal attacks, threats, and intimidation (harassment) as a means of getting what they want in their dealings with condo corporations.    Read the article…………………………

The Code and the CAT: Old habits die hard and old dogs don’t learn new tricks (ON)

Toronto often ranks amongst the dog-friendliest cities in the world. Sadly, this sentiment does not necessarily apply to condos in the city. Through its governing docs, condos can impose an outright prohibition on dogs from entering the premises; it can also impose weight, size or breed-related prohibitions. However, these prohibitions do not take precedence over […]

Continuing education for condo board directors – Eight ideas for getting it right

Condominiums are complex entities to manage and yet are governed by elected directors who are not required to have any relevant expertise. Most new directors have no prior experience about being on a condo board. It is the luck of the draw if a director has expertise pertinent to the condominium.    Read the article……………………………….

The call for safer condos in Ontario: How boards can help manage escalating incidents

Conflicts and disputes within Ontario’s condos are fueling a conversation around safety reform and adding pressure to make residential communities better places to live and work.  Over the past year, various members of the industry conveyed how relationships among directors, managers and owners are becoming increasingly heated. Although the crux of the issue is challenging […]

Winter Safety for Multi-story and Townhouse Style Condominiums (AB)

As the winter season approaches, it’s crucial for condominium owners and property managers to prioritize safety in their multi-story and townhouse style condominiums. The combination of harsh weather conditions and unique architectural considerations requires specific measures to ensure the well-being of residents. In this blog post, we will explore key aspects of winter safety and […]

Tendering for Condominiums (ON)

It is not uncommon that lawyers are asked to review signed contracts from clients after the lengthy tendering process has already been completed. But there are reasons why you may want to involve your lawyer much earlier on in the process and here are the reasons why:   Read the article………………………..

Condo Maintenance Fees Climbing (ON)

For young families, condominiums have become reliable alternatives for homeownership, particularly in major urban centres. In Toronto, for example, the average selling price for a detached house is north of $1 million. By comparison, the average sales price for a condo suite is around $750,000. This is huge savings for the typical household residing in […]

Multifamily leads uptake of EV charger funds (Canada)

Multifamily landlords and condominium corporations have claimed more than a third of the funds the Canadian government has thus far allocated through its Zero Emissions Vehicle Infrastructure Program (ZEVIP) to subsidize EV chargers that are made available to multiple users. That’s largely because applicants from the multifamily sector were the most proactive among the four […]

Condo Living with Pets: Tips for a Happy Home

Condo living doesn’t mean you have to sacrifice the joy of having a furry companion. With the right knowledge and preparation, condo living can be a harmonious experience for both you and your pets. In this blog post, we’ll explore valuable tips and insights to create a happy home for your pets within a condo […]

The Rising Cost of Condo Living in Canada: Implications and Challenges

Condo living has long been an attractive option for many Canadians, offering convenience, amenities, and a sense of community. However, in recent years, the cost of condo living has been steadily increasing, posing implications and challenges for both current condo owners and potential buyers. Understanding these issues is crucial for anyone considering condo ownership or […]

Understanding Condo Fees in Alberta, Canada

Living in a condominium in Alberta, Canada, offers several advantages, from shared amenities to reduced maintenance responsibilities. However, these benefits come with a cost: condo fees. These fees cover the shared expenses of the condominium complex and play a crucial role in maintaining the quality of life within the community. Understanding how these fees are […]

Reserve Fund Studies for Condominiums: Ensuring Property Value and Financial Stability

Condominiums are not just homes; they are investments. As a condominium owner, property manager, real estate investor, or condo board member, it is crucial to prioritize the long-term maintenance and financial stability of your property. One essential aspect of achieving this is through reserve fund studies   Read the article…………………………

Termination of Condos – The End of the Line (ON)

Although there haven’t been too many instances of terminations of condos in Ontario, aging buildings and increasing land values can make this a feasible opportunity for some condo corporations.  Read the article (PDF)………………………………

CAO drafts anti-harassment rule (ON)

The Condominium Authority of Ontario has drafted an anti-harassment rule for condo corporations to consider including in their rules. The news comes as condo communities struggle with escalating issues of harassment.   Read the article………………………………..

The CAT Does Not Have Jurisdiction to Deal With Repair and Maintenance (ON)

In the case of Tarski v. YRSCC 1179, the Applicant complained about noise from the mechanical room above his penthouse unit. The Tribunal said that the complaint fell within the condominium corporation’s duties to maintain and repair the common elements, which fell outside the Tribunal’s jurisdiction.   Read the article…………………………………

Tips For A More Confident Condominium Annual General Meeting Presentation (ON)

As a board member in a condominium corporation, your duties may require you to present important information and updates to community residents and other board members at owner meetings. That can be difficult if you have a fear of public speaking, also known as glossophobia, or are unsure of how to build an effective presentation. […]

Complaints Must Be Reasonably Expressed (ON)

In the case of YCC 444 v. Ryan, an owner (Ms. Ryan) made complaints about another resident who was smoking. The condominium corporation dealt with the smoker, and the smoker ultimately agreed to use reasonable efforts to prevent the smoke from being transmitted to the common elements and other units.   Read the article……………………………

Bill 91, Less Red Tape, Stronger Economy Act, 2023 (ON)

On October 1, 2023, new amendments to the Condominium Act, 1998 and the regulations will go into force, allowing condominium corporations to hold virtual meetings and communicate with owners by email.   Read the article…………………………….

Condo liens, oppression, insurance deductible and other firefighting lessons

Sadly, this case which started with eggs inadvertently forgotten on a stove ended up costing an owner his home when he refused to pay the deductible amount being charged back to his unit. In this blog, we discuss the validity of condo liens and the deference that will be granted to condo corporations who are […]

No credit for the chargeback card: Practical solutions and why improper condo chargebacks are not the answer (ON)

Condo living is unpredictable and there’s always something new…yet I write about chargebacks, indemnity clauses and Amlani all too often. The law is settled: condos cannot charge back enforcement-related costs – specifically legal letters – without a court order, despite how any indemnification provisions are drafted.   Read the article………………………..

Ticketing and Towing Vehicles in Condominium Corporations (ON)

There are many reasons why the Board of Directors of a condominium corporation would want a vehicle towed, including violation of parking rules, expired plates, or an inoperable or derelict vehicle.  The Condominium Authority Tribunal has recently provided some guidance on whether a condominium can legally tow a vehicle.    Read the article………………………..

Noise and the Jurisdiction of the CAT (ON)

In the case of Reany v. Waterloo Standard Condominium Corporation No. 670, the CAT was asked to deal with a complaint about excessive noise coming from the common element gym, located on the same floor as the complainant’s unit.   Read the article………………………..

Condo Amenities: 2023 Power Rankings (ON)

At a time when applications for new builds are seemingly endless, not all condo amenities are created equal.  The common denominator is convenience: amenities should remove the requirement for residents to leave the building for everyday routines and rhythms. But, as life evolves, so do the types of amenities today’s (and tomorrow’s) condo dwellers really […]

Mastering the Strata Warranty Process (QB)

Brent and James dive into the world of strata warranties with Naomi Rozenberg, partner with Lesperance Mendes and equip you with knowledge & best practices to navigate the process with confidence. Understanding and implementing these tips will help ensure a smooth and successful warranty experience.   Listen to the podcast………………………..

Noise Complaints – What Are a Condominium Corporation’s Obligations? (ON)

In the case of Mermut v. York Region Standard Condominium Corporation No. 1381, the Applicant complained about noise coming from the unit above. The alleged noise consisted of “banging, knocking, dropping, bouncing, rolling, hitting, striking, ‘thunking’, throwing of heavy objects onto the hard floors, dragging of furniture and motorized sounds” “at all hours of the […]

What does the CAO do? (ON)

The Condominium Authority of Ontario is an organization that aims to improve condo living by providing services and resources for condo communities.   Read the article………………………..

CAT Awards Cost for Non-Participation (ON)

In the recent CAT decision, Mermut v. York Region Standard Condominium Corporation No. 1381 et al. (“Mermut”), CAT highlights the importance of diligently participating in applications and abiding by the deadlines imposed by its members. It also serves as a reminder to condo corporations of their obligation to adequately investigate and try to resolve unit-to-unit […]

Noise Complaints – What are a condominium corporation’s obligations? (ON)

In the case of Mermut v. York Region Standard Condominium Corporation No. 1381, the Applicant complained about noise coming from the unit above. The alleged noise consisted of “banging, knocking, dropping, bouncing, rolling, hitting, striking, ‘thunking’, throwing of heavy objects onto the hard floors, dragging of furniture and motorized sounds” “at all hours of the […]

Legal implications of AI in condo management (ON)

The use of Artificial Intelligence (AI) tools, like ChatGPT, is becoming more commonplace, and this emerging technology is likely to continue to evolve and embed itself in business practices.  AI in condominium property management can have several legal implications, depending on how it is implemented and used. Here are some important legal considerations:   Read the […]

6 Condo Fire Safety Best Practices

Fire danger is something that condominium communities across North America all face. A fire can spread quickly, doubling in size or raging out of control in 30 seconds or less. And while some factors, like dry landscaping and unattended flames, can increase the risk of fires, education about fire safety is the best method of […]

EV-ready bylaw tracker for condo, strata and MURB charging in Canada

There are no regulations in Canada’s national building code governing this topic. And MURB residents across Canada are struggling to understand if (and how) they may access EV charging at home.  Provinces and territories are free to create their own building bylaws and codes. But, to date, they have largely left responsibility for drafting and […]

New requirements for property managers starting THIS July (ON)

The Condominium Management Services Act (“CMSA”) was enacted in 2015. The Condo Management Regulatory Authority of Ontario (“CMRAO”), which derives its authority from the CMSA, is the regulatory body that enforces the mandatory licensing of property managers.  Read the article………………………..

October 1st Condominium Act changes- How to Prepare (ON)

We previously blogged about Bill 91 and its impact on condominium corporations as of October 1, 2023.  We have been getting a lot of questions from condo directors seeking clarification as to what is required prior to October 1 to prepare for the change.   Read the article………………………..

Condo Governance Best Practices For Directors In Ontario

Condo board members are often the backbone of a condominium’s community. They’re olunteers who oversee a condominium’s operations and ensure the maintenance and governance of the property is well taken care of.   Read the article………………………..

Does harassment fall within CAT’s Jurisdiction? (ON)

In the recent CAT decision, York Condominium Corporation No. 444 v. Ryan (“Ryan”), CAT found that in certain circumstances, “harassment” can include conduct that is a nuisance, annoyance or disruption, despite not being a prescribed or prohibited activity under subsection 117(2) of the Condominium Act, 1998 (the “Act”).   Read the article………………………..