In a recent decision, the Canadian Radio-Television and Telecommunications Commission (“CTRC”) threatened to cut off all telecommunications services to a condominium building if the condominium corporation did not provide timely access on reasonable terms and conditions to a fourth telecommunications service provider (“TSP”).   Read the article……………..

Fall is often a good time for condominium corporations to hold their annual general meeting (“AGM“) of owners. Owners are back home after the summer holidays and snowbirds have yet to migrate to warmer weather for the winter. My condominium should hold its first AGM in the next few months. People who are new to […]

One of the question we are increasingly being asked by our condominium clients is whether they should consider installing automated external heart defibrillators and, if so, what liability may be associated with the installation and use of such defibrillators.  It is well-known that the steps taken in the minutes following a cardiac arrest may make […]

Trespassing is an issue many condominiums have to address at some point in time. Maybe the condominium is located beside a local hangout, like a school, a mall, or a park. Maybe the common elements include features that attract people to the property, like railings for skateboarding or a large green space for tossing a […]

In a prior blog post we wrote about a group of condominium unit owners in British Columbia who filed a complaint with the British Columbia Human Rights Tribunal, claiming that they were being discriminated against because the condominium board (the strata council) decided that all board meetings would be conducted in Mandarin.

An interesting case came out of Toronto last week where the owner of three commercial condominium units commenced a claim against the condominium corporation and the directors personally, claiming conspiracy, nuisance and intentional economic interference. This raises an interesting question: Can condo directors be found to be involved in a conspiracy when they take decisions […]

In a prior blog post we reported about an out-of-control drone that crashed into a Florida condominium.  The Federal Aviation Administration (“FAA”) in the US recently announced that it had enacted regulations governing the commercial operation of drones. The new regulations impose a number of limitations that are aimed at protecting people and property:   […]

The first year of a condominium corporation is a big one. In addition to dealing with ongoing construction work, construction deficiencies and perhaps budgetary issues, the board of directors has to take important decisions in terms of management of the building and has to set the tone with the owners and residents. Depending on how […]

Unfortunately, many budget statements are grossly inadequate, which leads to significant deficits in the first year and sharp increases in fees in subsequent years. The fees are kept unreasonably low and/or expenses are estimated at unrealistic amounts to make it seem like a better purchase than it really is. Luckily for condominiums and owners, there […]

I recently read an interesting case about parking rights in a commercial condominium. The applicant was the owner of three units, which were leased for use as a restaurant. The owner commenced an application against her condominium after it passed a by-law restricting parking in common element spaces.    Read the article…………..

We previously blogged about an Ontario case where a man accused of drug trafficking was acquitted, as the police had on three occasions entered the common elements of the condominium in which the accused resided and owned a unit, without permission and without a search warrant.     Read the article………….

In a recent case, Ryan v. YCC No. 340, a condominium unit owner was awarded almost $70,000 in damages plus pre-judgment interest, after the Ontario Superior Court of Justice found that the condominium corporation had breached its repair and maintenance obligations under sections 89 and 90 of the Condominium Act,     Read the article……………

A condominium in Kelowna B.C. is facing considerable unplanned expense ($225,000) to repair damage caused by woodpeckers to the exterior of the building.   Read the article………..

“Life would be much neater if all disputes could be terminated unilaterally,” wrote Justice F. L. Myers in the recent Couture v. TSCC No. 2187 decision.  What started as a relatively simple dispute with respect to the lease of a common element parking space quickly escalated, with “name-calling, hyperbole, failure to listen, taking extreme positions, […]

Many declarations contain a clause that requires the owners to indemnify the corporation for a loss, cost, damage or injury to the common elements or units if it was caused by the owner, his family, tenants, guests etc. Many condominiums attempt to apply these clauses to other types of expenses incurred by the condominium, such […]

In a recent case, a couple of parking unit owners challenged the common expense allocation for their parking units that was set out in the condominium declaration.   Read the article……………..

Backyard gardens to die for are great if you have a backyard. If you’re a condo or apartment dweller, or even an urban homeowner with more deck than back forty, it’s a different story. Your outdoor space is limited. It could face north. And you may not be inclined to log countless hours maintaining your […]

In a recent case, Wu v. CCC, a condominium unit owner sued the condominium corporation after the corporation refused to provide the owner with the e-mail addresses of all of the unit owners. The owner claimed that the corporation had breached its obligations under section 55 of the Condominium Act, 1998 (the “Act”).     Read […]

Amalgamation is simply the process of combining of two or more existing condominiums to create a new condominium.Sometimes it is two condominiums, other times it is ten or more.     Read the article………….

In a recent Ottawa case, the court had to determine whether the condominium corporation was responsible for the damage caused by repeated sewer backups originating from common elements, which damaged an owner’s unit basement. As unfortunate as the situation was for this unit owner, ultimately the court found that the condominium corporation was not responsible […]

In a recent case, YCC No. 922 v. Lu, the owners of a condominium unit were ordered by the Ontario Superior Court of Justice to permit the condominium corporation to enter the unit for the purpose of inspecting and repairing damage to the unit and the common elements caused by flooding in the basement of […]

We all know about the big issues in apartment living – pets, parties, parking, smoking and short-stay lets.  But what about those little irritations – the ones that are no big deal but still drive you nuts? Here are a few minor gripes that might just push you or your angry neighbours over the edge. […]

Living in a condominium building isn’t like living in a detached home, where it’s up to residents to install a security system or where they have the option to decide which security measures they want to enforce. A major reason why many people choose to live in a condo is because of the safety that […]

A recent decision of the Superior Court of Justice illustrates how the conduct of the parties can sway a judge when it comes to the issue of costs. The case is York Condominium Corporation No. 922 v. Frank Lu et al (2016).     Read the article………….

One of our readers asked me to elaborate on how this right to privacy may apply to condo directors. Are they entitled to have the same expectation of privacy or is it all “fair game” considering that they have stuck their neck out by volunteering on the board? At a different scale, when one consider […]

Condo corporations are increasingly asked to disclose to condo owners the email addresses of the other owners. Indeed, a condo owner wishing to requisition a meeting of the owners or wishing to otherwise communicate with other owners finds email communications to be far more practical than having to mail a paper letter. After all, since […]

In a recent case, a condominium corporation that incurred costs in the amount of $27,942 relating to a dispute with an owner was not awarded any costs at all, as the Court determined that the corporation should not have commenced legal proceedings in the first place.    Read the article…………

In case there was a doubt in anyone’s mind, registering and enforcing condominium liens is not the only method available to condominiums wishing to collect arrears. Indeed, in a recent case, the Court of Appeal confirmed that condominium corporations can also sue for unpaid common expenses, the same way any creditor could for an unpaid […]

Lush, green rooftop patios, cleaner air and an eco-friendly community is every environmentally aware individual’s dream living situation. However, even those who value a lifestyle that benefits the environment more than harms it may not be fully familiar with the term LEED, which stands for Leadership in Energy and Environmental Design (LEED).     Read the […]

Section 135 of the Condominium Act, 1998 (the “Act”) gives unit owners, condo corporations, declarants and mortgagees the right to bring applications against one another for relief against conduct that is or threatens to be oppressive or unfairly prejudicial to the applicant or unfairly disregards the interests of the applicant.  Where a court finds the […]

If I had a dollar for every time I’ve heard “this is harassment” in response to a letter sent by one of my condominium clients to an owner about a rule violation I could have retired at 26. It seems to be an allegation that is thrown out without much consideration about what it actually […]

It is impossible to draft rules that will work forever. The residents change. The community changes. Technology changes. The legal landscape changes. Everything changes. For these reasons, I usually suggest that boards review their rules regularly to see if any rules need to be changed, removed, or added. Here are a few issues that you […]

We often think that democracy is the ultimate decision-making process in condominium corporations in Ontario. True, but it is not that simple. The first challenge to the general tenet that majority rules the governance of condominiums is that numerous decisions require a varying degree of approval from the owners.   Read the article………….

In a previous post I wrote about preparing for elections at AGMs. Now I’ll discuss the meeting. Hopefully you have adequately prepared for the meeting. If not, you may be in for quite the show. Here are my tips for handling elections:   Read the article………….

The concrete jungle continues to grow, sprouting up building after building year after year. The Toronto skyline has drastically changed since 1998. Condominium buildings contribute to the vast majority of the change, as dozens sprout up every year.  In 2014 alone, 130 new condo buildings emerged in Toronto. The city’s infrastructure has transformed. As a […]

Elections can be the cause of much anxiety, confusion, and distrust in condominiums, but they don’t have to be. Elections can also derail an AGM quickly if they are not handled properly. Here are my tips to preparing for elections:   Read the article………….