‘Tis the season to decorate for the holidays. If you live in a single family detached home, you may be install lights and inflatables, with synchronized music. If you live in a condominium unit, however, you may be more restricted in your ability to decorate your home.    Read the article…………

On December 3, 2015, the Protecting Condominium Owners Act, 2015 (known as Bill 106) received Royal Assent after being passed by the Ontario legislature.  This momentous occasion comes 3 years, 5 months and 25 days after the Ontario Government announced its plan to review the Condominium Act, 1998.     Read the article……….

In a recent case, 2384125 Ontario Inc. v. The Diamond at Don Mills Developments Inc., twenty-five commercial condominium unit owners collectively sued the condominium developer for a total of $7,000,000, claiming that they were induced by misrepresentations by the developer and were overcharged occupancy fees and purchase price adjustments on closing.     Read the article…………

All condominium corporations in Ontario are required to obtain and maintain insurance for damage to the units and common elements caused by major perils or the other perils that the condominium corporation’s declaration or by-laws may specify. The Act requires that this insurance be replacement cost insurance, subject to a reasonable deductible.   Read the article…………..

In a recent Ottawa decision, the court confirmed again that condominium corporations must be careful to properly balance the interests of all owners – even the sole commercial owner. This case opposed the interests of a parking operator who wished to operate a parking business permitted in the condo’s declaration and the residential owners who […]

In a previous post, we reviewed a case, Ballingall v. C.C. C. No.111, about an acrimonious dispute between resident unit owners and investor/landlord unit owners regarding the single family restrictions in the condominium documents. As well as considering the law relating to the interpretation of “single family” restrictions in the condominium context, that case also […]

Condominium corporations inevitably collect personal information. This information includes the name, address and phone numbers of owners and residents. Corporations may also collect information related to the lease of units, owner’s arrears or breaches of governing documents. In fact, Condominium corporations are mandated by the Condominium Act to collect such information and in many cases […]

In a recent blog post we reviewed a case involving a dispute between resident owners and investor owners who were leasing their units on a short-term basis, primarily to university students. This type of conflict frequently arises in condominium buildings that are located close to university and college campuses.    Read the article……….

In condominiums close to university and college campuses there is frequently dissension between resident owners and investor/landlord owners as to who is entitled to occupy the units. While investor/landlord owners want to maximize their rental income, resident owners have concerns about unrelated transient tenants negatively affecting the sense of community in the condominium.    Read […]

The insured’s claims against the strata corporation and the strata insurer were dismissed after a fire caused by a tenant’s clandestine drug laboratory only caused damage to the insured’s strata unit. The quantum of damage was less than the strata corporation’s $50,000 deductible, which was not an unreasonable deductible value.   Read the article…………

Through the course of Ontario’s Condominium Act review, volunteer board directors took a lot of heat for their perceived part in the problems proliferating in this unique housing type. Whether the assessment was fair or not, the resulting recommendations to the provincial government, which is now considering amendments to proposed legislative changes, included mandatory basic […]

Many condominium corporations share facilities with other condominiums and/or retail or commercial properties. The costs of running and servicing the shared facilities are most often set out in a shared services agreement entered into by the developer before the condominium is created and then registered on title.   Read the article………….

Many people love this time of year. The beautiful fall colours, the delicious meals, and the countless holiday gatherings. Many people dread this time of year. The temperatures drop, the days grow shorter, and the holiday shopping madness begins. Given the extreme feelings people can have to this time of year, it should be no […]

If you’ve seen The Money Pit, with Tom Hanks and Shelly Long, you’ll know one of the most famous scenes. One house problem after another has the exasperated couple who are excited to finally relax and enjoy a hot bath. But just as they fill the tub, it falls through the floor, crashing into the […]

Bill 106 (the Act aimed at amending Ontario’s Condominium Act and other condominium-related legislation) is still before the Standing Committee on Finance and Economic Affairs. This Committee held two public hearings recently, on October 22 and 29, 2015. With the benefit of these additional public consultations, and of any written submissions which were to be […]

Now that the Standing Committee on Finance and Economic Affairs has concluded its public hearings and shifts to a line-by-line review of Bill 106 (of which Schedule 2 contains the proposed Condominium Management Services Act, 2015), we hasten to finish our review of the proposed CMSA.       Read the article……………

Many condominium corporations share facilities with other condominium corporations or other properties. Usually there is an agreement in place which obligates all parties that use or benefit from the shared facilities to contribute to the costs of operating and maintaining them in accordance with the proportions set out in the agreement.       Read the […]

A condominium owner about to sell his residential unit and parking unit was surprised to find out that due to inadvertence when his real estate purchase transaction closed, legal title to the parking unit was never transferred to him.   Read the article………….

A condominium corporation commenced an application against unit owners seeking orders that they obey the rules, be quiet and leave others alone. The owner commenced a counter-application for the same relief against the condominium. Most of the dispute related to the costs of the proceedings. The condominium insisted upon full recovery, or near full recovery, […]

Some of the most important changes proposed in Bill 106 (which is the proposed legislation aimed at amending our Condominium Act) deal with the responsibilities and obligations related to changes, maintenance and repairs of units and of common elements. Indeed, if the proposed legislation passe, the responsibility to repair a unit after damage may no […]

Here is a link to some edited court judgments affecting condominium owners in Canada.  Most of the cases were heard in Ontario Superior Court with a few in Appeals Court, small claims court, Human Rights Tribunal or were heard in other provinces.    Read the articles……….

My previous post dealing with the rights and obligations of condo tenants focused on owner’s obligations when leasing a unit. In this post, I will deal with compliance issues and in particular with the tenant’s obligation to comply with the Condominium Act and with the condominium’s governing documents.     Read the article……………

Accommodating mental illness in a condominium setting is no trifling obligation.  Just like physical disability, both the courts and the Ontario Human Rights Tribunal require that mental illness be accommodated up to the point of undue hardship. This is, by all accounts, an onerous standard.    Read the article………..

A new case sheds some light on the requirements for notice of a material change. Section 74 of the Act requires the developer to notify purchasers of material changes in any information contained or required to be contained in a disclosure statement.    Read the article………….

Condominium owners are never happy to hear the news that their condominium corporation is levying a special assessment.  In a recent case, Tarko v. MTCC No. 626, one owner took the corporation to court on the basis that the expenses which the special assessment was to cover were not proper condominium expenses.    Read the […]

Though most condo management firms carry on honourable businesses that well-serve their clients (often under the direct leadership of their top brass who are personally involved in the operations and take ownership of problems), some firms demonstrate little or no commitment to accountability and transparency, whether in their operations or their ownership structure. The CMSA […]

Change is coming. The Ontario Condominium Act, which is expected to go into law at the end of 2016, will bring fundamental change to the way condos in Ontario are governed.   Read the article………..

With the rapid rise in the number of condominium projects being constructed, many purchasers of units are first-time condominium owners. For this reason, many purchasers do not have a complete understanding of how condominiums operate and how condominium ownership differs from the ownership of freehold real estate.      Read the article…………

In our last blog post, we wrote about a pet owner who was ordered to permanently remove her dog from a condominium unit after she failed to establish that she had a disability under the Human Rights Code which the condominium corporation was required to accommodate.  The condominium corporation incurred costs of $48,430, inclusive of […]

Bill 106 (the bill presenting changes to the existing Ontario Condominium Act) proposes significant changes to the process by which condo owners can requisition and force the holding of a special owners’ meeting. This post will focus on this.   Read the article………..

In our last piece, we reviewed the threshold for being granted a license as a condo manager or management services provider. Let’s now explore whether skirting those requirements is possible.    Read the article…………