What is the average response time of managers in getting back to residents’ requests? For condo directors or managers that don’t know the answer, this is a must-read. This article will go over what analytics means in the condo management world, but more importantly, why it matters and how it can benefit management companies and […]
My Favourite Condo Lessons of 2016
As 2017 approaches I find myself reflecting on the most important news, cases, and other events from this past year. Here are my favourite condo lessons for 2016: 10. Property Managers may be liable for errors in status certificates. The responsibility for the status certificate is normally set out in the management agreement so make […]
Regulations Under the Legislation to Regulate Condo Managers Are Out For Consultation!
The Ministry of Government and Consumer Services has posted today a draft of the first set of proposed regulations to be adopted under the new Condo Management Services Act. This Act is the legislation which will regulate and provide for the licensing of Condo Managers in Ontario. For those who want to have a look […]
Japanese Condominium Bans Greetings Within the Condominium Property
It was recently reported that a Japanese condominium has implemented a rule that prohibits residents from greeting each other while on the condominium property. This rule was adopted out of concern for the safety of elementary school-age children living in the condominium. As parents were instructing their children to run away if they were greeted […]
Not So Common Knowledge: BC Supreme Court Clarifies Process for Enforcing Liens against Common Property (BC)
A recent BC Supreme Court decision has clarified the parties that must be named in an action to enforce a builders lien involving common property. In Primex Industries v. The Owners, Strata Plan LMS 1751, 2016 BCSC 2092, the BC Supreme Court ruled that a lien claimant must name all of the owners in a […]
Why Directors and Officers (D&O) Insurance Is A Must For Homeowner Associations
Did you know that volunteering as a board member for your condo or HOA could jeopardize your personal financial security? You’re actually at risk from lawsuits against the board—whether they have merit or not. Having an indemnification clause in your bylaws helps protect directors financially but at a greater potential cost to the condo association […]
Board given a bumpy ride over bicycle storage: Condo Law
I am the president of our condominium corporation where a bicycle shed is now needed to store a riding lawnmower. The current board had a new shed built for bike storage to support the existing ban on keeping bicycles on common-element balconies and also because bicycles become damaged, or worse, are stolen when stored in […]
When Developers Abandon Unsold Units
I’m sure some of you have experienced it before. For whatever reason, sometimes developers have units that they have not sold. Typically, it is the parking units or storage lockers. Other times the developer fails to transfer telecommunications, mechanical, or service units, and has disappeared since the condominium was created. The abandoned and unsold units […]
Airbnb Is Incompatible with The “Single Family Use” Provision of Most Condo Declarations (ON)
With the growing interest in the “sharing of economy”, Airbnb and other short-term rental websites are often causing headaches within condominium communities across the province and beyond. In many cases, condominium corporations have had to adopt rules to attempt to regulate the leasing and occupancy of units within their complex. While useful, these rules may […]
Condominiums Battle Against Short-Term Rentals
With the growth in the “sharing economy”, many condominiums have been forced to turn their minds to the issue of short-term rentals. While some investor owners are listing their units on short-term rental sites in order to maximize the revenue generated from their units, many resident owners do not welcome short-term rentals. From the perspective […]
Can Condo Owners Lease Out Their Parking Space?
CBC news recently reported on a Uber-style app that connects drivers looking for parking with people who want to lease their parking space. The article warned that the City of Ottawa zoning by-law does not allow the rental of residential driveways – unless the rental is directly associated with the lease of the dwelling itself […]
How to Make Good Governance Policies for Condo Boards
Policies may not seem like an exciting topic, but they are crucial to the success of any condo board. I divide policies into three areas: governance, financial, and communications. An earlier post described best practices in communication. In this post, I start with a brief overview of governance and then propose some governance policies that […]
Key takeaways from the 20th annual condo conference
This year marked the 20th anniversary of the annual ACMO/CCI-Toronto Condominium Conference. Taking place from November 11-12, 2016, the theme of this year’s conference was “Shaping the Future”. With the regulations under the amended Condo Act expected to be rolled out in the coming year, the condo industry has reached a pivotal juncture in its […]
Condo Owner’s Request for Administrator Denied by Court
In a prior blog post, we reported about a case, (Middlesex Condominium Corp. No. 195 v. Sunbelt Business Centres (Canada) Inc.) involving a hydro expense dispute in a mixed-use commercial/residential condominium. In that case the condominium corporation was successful in its claim to recover hydro expenses going back six years from the sole owner of […]
The Condo’s Lien Right – When Does Default Occur?
Recently, the court released an interesting decision on cost awards against owners and the right to lien.The facts are lengthy, but it is important to understand the background. The condominium brought a compliance proceeding against one of the owners. The condominium was successful. The judge made an endorsement that required the owner to pay $15,000.00 […]
How Much Time Does a Condo Have to Register a Lien? (Part 2)
In Ontario, condominium corporations can register liens against the unit of an owner who defaults in paying his or her common expenses. Once the lien is registered, it grants the condominium priority over the mortgage. This very powerful tool to collect arrears expires if the lien is not registered within 3 months of when the […]
Probe underscores need for good record-keeping (ON)
Taking minutes for condo board meetings is a task that not everybody enjoys, but one that needs to be done in order to meet Condominium Act requirements. As most board members and managers understand, minutes serve to protect unit owners, the board and serve as a reference for decisions previously made and actions that need […]
Condo Unit Owner Appeals $20,000 Costs Award
In a prior blog post, we reported about a case (Wexler v. Carleton Condominium Corp. No. 28) where a unit owner who had unsuccessfully sued the condominium corporation for harassment was ordered to pay costs to the condominium corporation in the amount of $20,000. This seems disproportionately high in view of the fact that the […]
Board of Directors in Condo Corporations Rule (ON)
In the recent decision, 3716724 Canada Inc. v Carleton Condominium Corporation No. 375[1], the Ontario Court of Appeal found that the “business judgment rule” applies to decisions of boards of condominium corporations. As such, in applying the “business judgment rule”, the decision of boards of condominium corporation are owed deference similarly to for-profit corporations and […]
Condominium Declaration, By-laws and Rules: What’s the Difference?
I was speaking this weekend at a Condominium Director’s Course given by CCI-Eastern Ontario. One of the participants asked me to explain the differences between a condominium declaration, by-laws and rules. While the more seasoned condominium directors have become familiar with these documents, many first-time directors may be puzzled by the differences between them. In […]
The Ups and Downs of Elevator Maintenance Contracts
Recent articles about the decrease in elevator service and the increase in entrapments in the GTA would normally concern us… but PSCC 888 has a solution… they have an Elevator Consultant! During budget preparation in September 2015, PSCC 888 realized that their 5-year elevator contract was coming due in May 2016. PSCC 888 talked to […]
3 Useful Tips on How to Deal With a HOA Resident Like Donald Trump
Don’t get us wrong. We’re not taking any political positions. It’s just the reality of living in a multi residential community. We live with all sorts of people and among them are those who exhibit strong personality quirks like The Donald. It’s important for community managers and board members to be able to deal with […]
Register Your Condo Lien Early or Risk Losing It
Timely collection of common expenses by condominium corporations is essential to the safeguard of their financial viability. For this reason, the Condominium Act permits condominiums to register liens against the unit of owners who are in default of paying their common expenses. Once registered, the lien has priority over mortgages. However, to benefit from this […]
Condo law reforms to roll out as early as summer
Ontario’s condo law reforms, passed late last year, are expected to start to roll out as early as next summer. Updates at the ACMO/CCI-T Condo Conference in Toronto last week clarified comments in Premier Kathleen Wynne’s September mandate letter to new Minister of Government and Consumer Services Marie-France Lalonde. The letter set a fall 2017 […]
How do you choose your lawyer?
Most of my clients retained me without me ever meeting the board. To be honest, it is easy for me that way. I’m not spending time driving or preparing for the meeting. Instead, I spend time serving my existing clients. But, is it the best option for the condominium? Read the article……………
Tendering and the New Condominium Act: Gazing into a Crystal Ball
In May 2015, following a comprehensive review of the Condominium Act, the Ontario government introduced Bill 106, the Protecting Condominium Owners Act (the “Act”). In the debates that followed in the legislature, a number of MPPs highlighted, as a key feature of the Act, the fact that it puts into place: Read the article……………..
Courts Will Protect Condo Board Decisions… made in good faith
You may recall our blog on an Ottawa case opposing a mixed-use condominium corporation to the owner of a public parking business within this corporation. The Court of appeal reversed the original decision and concluded that condo board decisions taken in good faith should be shown deference and will not likely be set aside by […]
Reasonable Doubt: the dos and don’ts of attending your first condo board AGM
There is no shortage of new condominium buildings in Toronto. Many of the people purchasing units in those buildings may be first-time unit owners who aren’t familiar with condominium governance and procedure. To this end, first-time unit owners who have received notice of their building’s annual general meeting often ask us what to expect at […]
What if my prospective condo corporation is involved in litigation?
What should a buyer do when the status certificate for their condominium purchase shows that the corporation is involved in litigation? That was the question a client of mine faced last month after I reviewed a status certificate for his intended purchase of a unit on Dundas St. E. in Toronto. Constructed around 1940, the […]
Update on Implementation of Protecting Condominium Owners Act
The Ontario Government has announced the appointment of first directors to serve on the boards of the Condominium Authority of Ontario and the Condominium Management Regulatory Authority of Ontario. These two authorities will be responsible for ensuring that once proclaimed in force, the provisions of the Protecting Condominium Owners Act, 2015 and the Condominium Management […]
First-Year Deficit of a Condominium Corporation
One of the first challenges of a new condominium board of directors is the survival of the first fiscal year on a budget set by the builder. When there is a shortfall between this first-year budget and the actual operating expenses incurred by the corporation during that first year, condominium corporations can turn to the […]
Condo Owners Sue Developer Over “Secret” Tunnel
After the discovery of a “secret” tunnel beneath a condominium building, the condo owners are suing the condominium developer, the City of Toronto, Enbridge Gas, the architect and two engineers for damages in the amount of $3 million. Read the article…………..
BC Court Imposes $16.8 Million Levy on Condo Owners to Remediate Water Leak Damage
The British Columbia Supreme Court has ordered a Vancouver strata corporation to impose a $16.8 million special levy against the unit owners to pay for repairs necessitated by water leaks in the condominium for over two decades. The Court also appointed an administrator to oversee the repair work. The court action was commenced by a […]
Condo installs private well it cannot use
I don’t often write about municipal law decisions involving condominiums, but a recent decision of the Ontario Municipal Board (OMB) should remind condominiums that they need to rely on their professionals. A condominium had a private well drilled on the property to use for landscaping purposes. The condominium applied for a minor variance to the […]
New research investigates condo governance – Study finds communication, director education and sense of community lacking
New research into condominium governance found that board members, property managers and unit owners have a number of familiar topics on their minds. Lack of community, lack of director education and poor communication were among seven themes identified by Dr. Randy Lippert, professor of criminology and sociology at the University of Windsor, in a recent […]
Owners Sue Condo Association Over Condo Rules Restricting Co-ed Swimming
Several condo owners in New Jersey have commenced a lawsuit against the community association after it instituted rules that restrict mixed-gender swimming in the association’s pool. The majority of the unit owners are Orthodox Jews, whose faith prohibits men and women from bathing together. In order to accommodate the religious owners, the community association implemented […]
Five top talking points for condo communities: Make the most of communication spending with money-saving campaigns
The number one complaint at a condominium corporation’s annual general meeting (AGM) is quite often poor communication. On the one hand, owners feel left out of the decision-making loop and on the other, board directors lament that residents don’t know the rules, regularly resulting in numerous extra expenses that can eventually lead to increases in […]
Coming back from reserve fund shortfalls: Why the account might dip below adequate levels, and ways to replenish it
In an ideal world, condominium owners are satisfied with the way their corporation is run, fees are comparable to the condominium down the street, major repair and replacement projects are well-managed, and the reserve fund maintains a healthy balance. Then again, in a perfect world, condos never leak! The unfortunate reality is that many corporations […]
Technological innovations in condominiums: The future of drones, robotics and software in building envelope inspections
Technology is one of those things that never stops moving, and sometimes it can be daunting to keep up with all the latest advancements out there. If leveraged correctly, though, it can provide great amounts of value to those that take the jump and never look back. Everyone loves technology, but it takes a little […]
Keeping condominium owners in the loop: How to use communication committees effectively
It’s one of the most common complaints in condos — poor communication from the board or management to owners. Complaints of “We don’t know what’s going on!” or “We are paying the bills and you keep us in the dark!” come up too often at AGMs or special owner meetings. Poor communication can lead to […]
Vancouver Tax Targets Vacant Condominiums
The City of Vancouver (the “City”) has proposed implementing a tax on vacant homes in the City starting in 2017. A study commissioned by the City indicates that over 10,000 homes have been empty for more than a year, most of them condominium units. Apparently many condominium investor owners are not renting their units while […]
AODA Requirements Coming January 1, 2017
It has been almost five years since the first deadline for compliance under the Accessibility for Ontarians with Disabilities Act. Like previous years, New Year’s day will have a deadline for many organizations. On January 1st, 2017 organizations (including condominiums) with between 1 and 49 employees must ensure the following requirements are satisfied: Read the […]
U.S Community Associations May Be Liable for Harassment by Residents Against Other Residents
Changes to the Fair Housing Act (“FHA”) in the United States could impose liability on community associations (i.e. condominiums) for the discriminatory actions of residents against other residents. The FHA prohibits discrimination and harassment because of race, colour, religion, sex, national origin, handicap and family status in the context of housing. (Note that age is […]
Fall 2016 law reform update
With the change of season, our focus switches from sunshine and leisure back to the serious business of law reform. There are plenty of different items presently open for consideration. Here are the most noteworthy for condominium stakeholders. Read the article……………
Is your Meeting Date a Human Rights Violation? (ON)
In 2015 I wrote about an interesting human rights complaint that had been started by three owners because of the date selected by their condominium and manager for the AGM. The owners claimed that they were discriminated against because the meeting was held on an important religious holiday for Muslims. They claimed that the condominium […]
Reasonable Doubt: are my neighbours allowed to rent their condo units through AirBNB?
Airbnb is a popular service that allows people to rent rooms, apartments and entire homes on a short-term basis. But the online community has come under fire in Toronto. As the proliferation of short-term rentals continues, condominium unit owners are increasingly concerned about security and noise. I am often asked whether condominium unit residents are […]
Ontario Court of Appeal Recognizes that “Business Judgment Rule” Applies to Condominium Board Decisions
In a couple of prior blog posts, we blogged about a case (3716724 Canada Inc. v. CCC No. 375), where the Ontario Superior Court of Justice found that a condominium corporation had unfairly disregarded the interests of a commercial parking unit owner. The board had refused to allow the owner to make changes to the […]
Neighbour vs. Neighbour
Lifestyle clashes are inevitable when people of all ages and socio-economic backgrounds live on top of each other in a forced community. When different priorities collide, a siege mentality can set in.
Condo Water Leaks
Often when there is a leak in a condominium unit, there is an assumption that the leak emanated from the unit directly above. However, this may not necessarily be the case. In a recent case, Roa v. TSCC No. 1764, a condo unit owner sued the condominium corporation after the corporation registered a lien against […]
Halloween in Condos: It Doesn’t Need to be Frightening?!?
Yes, it is a bit early for this topic, but I love everything about Autumn, including Halloween! If you have any Halloween enthusiasts in your complex you’ll likely see the decorations out in the next few weeks (if your rules allow decorations) so it may be a relevant topic sooner than you think. Read the […]