We have help quite a few condominium corporations pass rules dealing with tobacco and cannabis. Systematically, the single most important question faced by boards is: What rule would be acceptable to our owners? Fear not, we have developed a tool which will allows you to get a timely and accurate reading on your community’s views. […]

As of Nov. 1, 2017, there is a new process under the Condominium Act, as amended, for making and responding to records requests in condo corporations. Requests for records must now be made in writing using mandatory forms, and people requesting records are no longer required to give the condo corporation a reason for their […]

Condo corporations that reject records requests without a legal basis to do so may face penalties. Unit owners that file vexatious applications may see their complaints tossed out without a hearing. And industry members might be overestimating what constitutes reasonable fees for locating and redacting records.  These are some of the early signals coming out […]

In a prior blog post, we reported about a condominium unit owner who was determined by a court to be a vexatious litigant. The court ordered that the owner was prohibited from initiating or continuing any action, application, motion or proceeding in any court against the corporation, its employees, board members, property manager and solicitors […]

We are often asked whether condo owners are entitled to get the list of names and addresses of the other owners. Some feel that owners should be able to know who the other owners are and should be able to communicate with them. Others are concerned that such disclosure may infringe on the privacy of […]

The B.C. Court of Appeal recently weighed in, for the first time, on the interpretation and application of the strata wind-up provisions in Part 16 of the Strata Property Act, (the “Act”). This is the first appellate decision to consider this aspect of the Act. It is an important decision because the court confirmed the […]

Earlier this week the Condominium Authority Tribunal (CAT) released its first five decisions. The CAT only has jurisdiction over record disputes at this point in time so all five decisions relate to records. The cases are available on CanLII should you wish to read them in full. Here are the highlights:    Read the article………………………..

Six months after its inauguration, the Condo Administrative Tribunal is issuing its first decisions. For now, the Tribunal’s jurisdiction is limited to disputes related to condominium records. In this post, we explore what we can learn from the first 5 decisions of this new tribunal.    Read the article………………….

Before recent changes to the Ontario Condominium Act, there were no legal requirements governing the conduct of property management companies in Ontario. But incidents of fraud and mismanagement against property owners were a growing concern over the decades, and with the explosive growth of new condominium developments in the province – with 61,337 units under […]

In a recent case before the Ontario Superior Court of Justice (TSCC No. 2256 v. Paluszkiewicz), a condominium corporation unsuccessfully attempted to set aside an arbitration decision that concluded that a unit owner’s renovations were in compliance with the section 98 agreement previously entered into between the parties.     Read the article………………

As you may have heard, the first round of amendments to the Construction Lien Act are scheduled to come into force on July 1, 2018. The purpose of this post is to provide a brief overview of some of the key changes as they may relate to condominium projects.  For starters, the Construction Lien Act […]

Albertans have until July 31 to provide feedback on new draft rules to improve condo living.  The draft regulations, which the government says support the Condominium Property Amendment Act, focus on improving transparency and condo governance, two measures the province says will improve condo living in the province.    Read the article……………..

The recent BC Court of Appeal decision Maglio Installations Ltd v. Castlegar (City), 2018 BCCA 80 is a cautionary tale for any strata corporation putting out a call for tenders.  In that case, the City of Castlegar had issued a call for tenders for the construction of a recreational swimming area. The invitation to tender […]

After unit owners requisitioned a meeting of owners to vote to remove the directors of two condominium corporations, the corporations commenced legal proceedings (Simcoe SCC Nos. 431 and 434) to request that the Court prohibit the use of proxies at the requisitioned meetings and limit communications between owners leading up to the vote.  The owners […]

The B.C. Supreme Court recently confirmed that a strata council only needs a simple majority of owners to authorize the council to hire a realtor to solicit offers for the sale of the strata building.  In Buckerfield v. The Owners of Strata Plan VR 92, 2018 BCSC 839, the court dismissed the minority owners’ petition […]

You will recall that, in early May, the province issued a new and improved version of the Condo Proxy Form. The information on this new form is re-organized and it offers more choices when delegating your proxy powers. Still, with all its improvements, the form continues to be somewhat daunting and difficult to complete.  Fear […]

As a lawyer, I tend to be pretty friendly and familiar with other lawyers, even those that I don’t know. In the strata bar, which is much smaller than most, we are all on a first name basis.[1] Sometimes, however, that familiarity and chumminess between lawyers can be misinterpreted by lay people. In litigation, for […]

The condominium industry has experienced its share of changes over the past few years. From an amended Condominium Act, the creation of the CAO and the CAT, new licensing requirements for condominium managers, the introduction of electronic vehicle regulations, new prescribed forms, and the anticipated arrival of short-term zoning by-laws and cannabis legislation, the condominium […]

While many condominiums allow pets, there are often rules in place that limit the number and size of pets permitted. In cases where there is a size restriction, large dogs are not allowed. Often a rule will specify that a dog must not exceed either a specified height or weight.  In a recent case in […]

The winter thaw has come to an end and spring has sprung upon us! In addition to the first sightings of spring flowers, an issue common to nearly all condominium corporations begins to bloom at this time of year: cleaning up the common elements. The question is: who is responsible, the corporation, the owner – […]

The cases arises from a contentious board meeting of Metro Toronto Condominium Corporation No. 1292 in September 2011. Ms. Omotayo had recently been removed from her position as Chair and Mr. Da Costa had sent the Board a letter advising that he wished to resign as President. Nevertheless, both showed up at the meeting and […]

Capital improvements can be a challenge for condo corporations. They are expensive and funds needed for the work may not be available. The problem is exacerbated when necessary work is unexpected or the reserve fund is not fully funded.   Read the article…………………

There are more than 31,000 condo complexes in B.C. and living in close communities with shared walls can create squabbles. Maybe your neighbours are too loud, they don’t respect the strata bylaws or you’re bombarded with obnoxious smells. What do you do when you run into problems?  Janice Connell says overwhelming cooking smells have been […]

It is a well-established principle in judicial proceedings that a judge should not discuss any part of an ongoing case with only one party to the dispute. In Hunt v. The Owners, Strata Plan LMS 2556, the B.C. Court of Appeal recently confirmed that private conversations between an arbitrator and one party to the dispute, […]

Since changes to the strata wind-up regime under the B.C. Strata Property Act[1] (the “Act”) took effect in July 2016, we have seen a number of contested applications for confirmation of strata wind-up resolutions reach the B.C. Supreme Court (the “Court”).[2] For applicants, results have been mixed. In the first contested application, The Owners, Strata […]

Now that the Ontario provincial election is underway, candidates will be on the campaign trail until Election Day on June 7, 2018.  Condominium managers, boards and residents should be aware of new rules from Elections Ontario about election canvassing in condominiums. Election candidates and their representatives are legally entitled to have access to the common […]

I am regularly asked about the amendments to the Condominium Act, 1998, and when we can expect the next phase of amendments. Many estimates suggested that the next round of amendments would be coming in the Spring of 2018. Nothing has been formally announced and this is looking less and less likely as we near […]

The moment we’ve all been waiting for has finally arrived, the new and improved proxy form is here! You can find the new form on our website HERE.  Along with a number of helpful and detailed instructions built into the form itself, the proxy form clearly outlines a proxy-holder’s authority at a meeting. The proxy […]

In a dispute over voting by proxy, the Ontario Superior Court has dismissed an order to invalidate the election of a condominium’s board of directors.  In her decision in York Regional Condominium Corporation No. 818 v. Michael Przysuski, Superior Court Justice Beth A. Allen called the attempt to invalidate the election “a ploy to supplant […]

Today marks the beginning of the election campaign in Ontario. Candidates have until June 7 to campaign and try to get your vote. Blue, green, orange and red electoral signs (we listed them in alphabetical order) are popping everywhere. Boards and property managers will soon receive requests from candidates and their representatives wanting to access […]

Dear Tony: We put in a written request to our strata council to install a charging station for our new car and the strata council has refused to give us permission. Our parking is common property and the council has said it does not want to open the door on alterations in the garage as it […]

In a recent case, YRCC No. 818 v. Przysuski, the Ontario Superior Court of Justice confirmed the validity of the election of the board of directors of a condominium corporation. The dispute over the results of the election hinged on the delivery and validity of one particular proxy.  In the election three candidates were vying […]

Buying a new condo in Ontario is quite a bit different than purchasing a resale unit. Since new condo units are sold by the developer, usually before construction has been completed – or even started – there’s a set of specific items you have to verify or determine beforehand.  The Ontario frameworks governing new condominium […]

On May 1, 2018, the Ministry of Government and Consumer Services (the “Ministry”) released updated versions of the Preliminary Notice of Meeting and the Notice of Meeting forms. The updated Preliminary Notice and Notice of Meeting forms can be found here on our website.  Read the article…………….

The Civil Resolution Tribunal has made a serious error of law. The error is straightforward and clear. Over a number of decisions, the CRT has attributed words to the British Columbia Court of Appeal that are, instead, the words of the British Columbia Supreme Court. The seriousness of this error is threefold. First, the CRT […]

After a developer attempted to unilaterally terminate a pre-construction agreement of purchase and sale because of delays in approvals and construction, the purchasers of a unit were successful in obtaining a court order for specific performance, which compelled the developer to close the transaction. (Jones v. 2341464 Ontario Inc.)    Read the article………………

I recently read a case about a condo arbitration. A condominium brought an application to set aside an arbitration award because of alleged fraud by the owners. The condominium started the arbitration because it believed the owners had not complied with section 98 of the Condominium Act, 1998. The arbitrator disagreed and awarded the owners […]