n July 2016, the approval threshold for passing a resolution to wind up a strata corporation under the B.C. Strata Property Act[1] (the “Act”) was lowered to 80% of all owners, replacing the previous requirement of unanimous approval. To give effect to a wind-up resolution, however, the resolution must receive subsequent confirmation from the B.C. […]

It is a common misconception that if a strata corporation imposes a fine for breach of the bylaws and does not sue to collect the fine within 2 years then the right to bring such a claim is barred by the Limitation Act.  Fines are not covered under the Limitation Act because an action to […]

In a recent case, Carleton Condominium Corporation 116 v. Sennek, the Court of Appeal for Ontario agreed with a lower court’s decision that declared a condo unit owner to be a vexatious litigant.  The lower court had concluded that the owner had six of the seven characteristics of a vexatious litigant:    Read the article………………..

In July 2016, the approval threshold for passing a resolution to wind up a strata corporation under the B.C. Strata Property Act[1] (the “Act”) was lowered to 80% of all owners, replacing the previous requirement of unanimous approval. To give effect to a wind-up resolution, however, the resolution must receive subsequent confirmation from the B.C. […]

Those working in the condo industry often complain that real estate agents and lawyers do not adequately advise their clients before they purchase units in condominiums. With the substantial changes recently made to the Condominium Act, 1998 (the “Act”), and more to come in the following months, it is sure to be a complaint we […]

As of November 2017, the Amendments to the Condominium Act allow condominium corporations to permit owner voting by “telephonic or electronic means.” To do this, an Electronic Voting by-law is required.    How is this Different?  While some condominium corporations are experimenting with “online proxies”, these kinds of systems are not the same as electronic […]

While we all get a handle on the new forms and requirements (and wait for further amendments still to come), I thought I’d do an update on a post I did a few months ago about common mistakes or misconceptions. Here are some of the most common issues we’ve encountered so far:    Read the article………………..

Despite the frequency of complaints I receive about elections and vote rigging in stratas, I have yet to come across a case of proven voter fraud in any strata. My investigations into such complaints usually reveal that the winners are simply better than the losers at getting votes and proxies. While it is certainly true […]

In a recent case (Wu v. PSCC 826, 2018 ONSC 2027), a condominium unit owner commenced legal proceedings against the condominium corporation over concerns about board election irregularities and proxy improprieties.   After the owner’s preferred candidate for the owner-occupant position lost to another candidate by 103 to 90 votes, the owner successfully obtained a court […]

Well, just when you were starting to get comfortable with the new condo forms, the province has issued a new Status Certificate. Fear not: the new Status Certificate contains very minor changes, all of which are required to address the recent regulatory changes related to Electric Vehicle Charging stations.   Read the article……………….

Despite the frequency of complaints I receive about elections and vote rigging in stratas, I have yet to come across a case of proven voter fraud in any strata. My investigations into such complaints usually reveal that the winners are simply better than the losers at getting votes and proxies. While it is certainly true […]

Many of you may know that the Employment Standards Act was recently amended to increase the general minimum wage to $14 per hour. This was widely reported in the mainstream media. A number of other important changes received very little attention. Some changes include:    Read the article……………….

As many are aware, the amendments to the Condominium Act require condo corporations to file online returns with the Condominium Authority of Ontario (“CAO“). The first of these returns, the transitional return, is due on March 31, 2018.  On March 1, 2018, the CAO began e-mailing invitations to condo corporations allowing access to the condo […]

In addition to being busy creating forms under the Condominium Act, the Province has kept busy creating a new mandatory standard lease for residential unit under the Residential Tenancies Act (the legislation presently regulating the relationship between landlords and tenants in a residential setting). Starting April 30, 2018, landlords of private residential rental units, including […]

A Kitchener condominium developer has teamed up with BuzzBuzzHome, a website that lists new construction condos and houses in Canada and the US, to allow purchasers to buy new construction condos online.  After viewing the project details, including floor plans, photos and virtual tour videos of model units, purchasers can click on the “Buy Now” […]

I’ve had a few files recently where questions surfaced about the new restrictions on who can and can’t solicit proxies for owners’ meetings. When can a manager solicit a proxy? When can’t a manager solicit a proxy? It appears some people may be unaware of the changes to the rules governing the solicitation of proxies […]

My own condo corporation is moving towards its first AGM under the amended Act. We’ve received our financial audits, sent out our Preliminary Notice and picked the AGM date. Last week, we reviewed the Notice of Meeting (ouch) and the Proxy form (double ouch). These forms may be difficult to understand to most owners.  To […]

A recent Ontario Court of Appeal decision, highlights the importance of issuing accurate status certificates even if prior status certificates may have failed to do so.  The main issue in the appeal was whether a condominium corporation that previously issued a “clean” status certificate for a unit, is barred from preparing future status certificates for […]

A triad of cases were recently decided in British Columbia pertaining to whether positive covenants in the development context were enforceable. These situations arose where strata corporations inherited cost?sharing agreements with their neighbours which had been entered into by the owner developer and never explicitly assumed. In the latest of these cases, The Owners, Strata […]

The Condominium Amendment Act, 2014, SA 2014, c 10 was passed in December 2014 and many of the long-awaited amendments have finally come into force as of January 1, 2018, with the remaining amendments coming into force on April 1, 2018. The amendments were divided into 3 categories: improving protections for condominium purchasers, improving day-to-day […]

The condo industry is going through significant changes aimed at improving the lives of condo owners in Ontario. As part of the many changes implemented through the Protecting Condominium Owners Act, the province has developed mandatory forms aimed at streamlining how condo corporations conduct their affairs. Many of these forms may initially appear foreign to […]

Until recently, terminating a condominium corporation required unanimous agreement (with one limited exception). As a result, few British Columbia strata corporations wound up. However, in 2016, the Strata Property Act[1] (the “SPA”) was amended to allow owners to wind up following an 80% majority vote, subject to court oversight.   Read the article………………

The BC Government has amended s. 6.9 of the Strata Property Regulation to allow strata corporations to impose fixed rate and variable user fees for the use of common property and common assets. The amendment implicitly confirms that strata may impose user fees for the consumption of utilities.  Many commercial and mixed-use stratas have been […]

A lot has been written about the obligation of candidates to disclose information and make certain statements prior to their election or appointment to the board of directors. The Act requires candidates to satisfy the disclosure obligations prior to their election to be qualified as directors (see section 29(1)(f) of the Act). Whether the disclosure […]

A number of the new forms that condominium corporations must use under the amended Condominium Act, 1998 have raised unexpected questions – especially from managers preparing the forms.  For example, the Notice of Meeting form doesn’t appear to have an option that indicates a candidate is running for both a standard director position and an […]

In prior blog posts we reported on a number of measures implemented by the government of British Columbia to address skyrocketing prices of residential homes and a shortage of affordable homes for B.C. residents.   First, the government imposed an additional 15% transfer tax on residential real estate purchases by foreign nationals in the Greater Vancouver […]

My condo board and I recently reviewed our first Preliminary Notice, which we must send out to owners in a few days, in anticipation of our upcoming AGM. We also reviewed our first Periodic Information Certificate, which will go out with the Preliminary Notice to save on stamps.  If there was any doubt before, it […]

In a prior blog post we reported about a commercial unit owner who had commenced a court application to amend the declaration because the unit owner and its employees were not permitted to use the condominium recreational facilities. A provision in the declaration provided that only the owners, household members and invited guests of the […]

The new mandatory proxy form is posing a challenge for owners and industry professionals. There are many issues with the form that we and other commentators have already commented on.  However, we believe it is important to weigh in on the debate around whether a proxy-holder may vote as they choose at an owner’s meeting.  […]

The Supreme Court of BC has set a relatively high threshold for appealing the numerous decisions that the Civil Resolution Tribunal (CRT) is now speedily releasing.  Appeals must be filed within 28 days of receiving the CRT’s decision.  Section 56.5 of the CRT Act provides that CRT decisions involving strata matters may be appealed to […]

In July 2016, we wrote a post about Pearson v Carleton Condominium Corporation No. 178, 2012 ONSC 3300, a case where the condominium registered a lien against an owner’s unit for legal costs incurred by the condominium in relation to three unsuccessful small claims court actions brought by the owner. The court found that the […]

On November 1, 2017, the government introduced 15 new forms to the condo industry in Ontario. There are new forms for calling meetings, like a preliminary notice and notice of meeting. There are three forms about the record of owners/mortgagees and receiving notices electronically. There is a single prescribed proxy form. There are three new […]

In a prior blog post, we reported that the Ontario Ministry of Government and Consumer Services had instructed the Technical Standards and Safety Authority (the “TSSA”) to commission research that will pinpoint the causes of elevator unreliability and recommend solutions to address those problems. Retired Superior Court Justice Douglas Cunningham, with support from Deloitte’s Public […]

Much has been said and written about the new Condo Forms, which came into force on November 1st, 2017. Some don’t like their look and feel, others have encountered technical challenges with them (to this day, the fillable forms work best with Windows Internet Explorer). At the end of the day, one recurring question we […]

There’s no sugar-coating it. The new prescribed forms under the amended Condo Act regulations are generally terrible.  After spending more than 95 days working with these new forms and counselling and consoling condo owners, directors, managers across Ontario, we present this compilation of observations and suggestions. They are mostly critical but intended to be constructive. […]

In a prior blog post we reported about a unit owner, Mr. Lahrkamp, who had engaged in more than a dozen legal proceedings against his condominium corporation over approximately ten years. Most of the legal proceedings relating to requests by Mr. Lahrkamp for production of documents pursuant to section 55 of the Condominium Act, 1998. […]