It is estimated that almost 9,000 condo corporations have been created in Ontario since 1967, but no more than a half dozen have ever been terminated. Read more……..
Requisitions – Not all bad!
Section 46 of the Condominium Act, 1998 (the “Act”) permits the owners to demand a meeting of the owners (often called a “requisition meeting”). To prevent a single owner from causing unnecessary cost and disruption, the Act requires the demand (called a “requisition”) to be made by the owners of at least 15 percent (15%) […]
Recommending new condominium rules
Pablo Picasso once said: “Learn the rules like a pro, so you can break them like an artist.” While this philosophy served Picasso well in his creative endeavours, a property manager would never want residents of his building to apply this philosophy to everyday life. Condominium rules, as defined in Section 58 of the Condominium […]
Good news for strata resorts in BC
The Supreme Court of British Columbia, in its recent decision in 585582 B.C. Ltd. v. Anderson, upheld as valid and enforceable a mandatory rental pool restrictive covenant registered against strata lots in a resort development. The covenant in question was similar in substance to those often registered against strata lots forming part of strata resort […]
How are condominiums run?
Condominiums provide a ready-made community: rules set out in the condominium’s by-laws or declaration can tailor the neighbourhood to specific lifestyles and create a social atmosphere that appeals to you. With condos, finding the right community is as important as finding the right location. Read more……..
A checklist for hiring a property manager
The selection of a property manager is an important decision that needs to be weighed carefully and planned wisely, as management plays a crucial role in running the day-to-day operations of a condominium. Read more………
Rejecting meeting requisitions on minor technical grounds is a major foul (ON)
The recent Ontario Superior Court case of Hogan v. MTCC 595 demonstrates that some condo boards have not yet read the memo about being responsive to unit owners and exercising common sense. Headshaker cases like this one are worth highlighting as examples of how not to run a condominium. Read more…….
Condo glass panels may look great, but you’ll pay more for heat and AC
Condo buildings consist of thousands of individual components. Over time, due to wear and tear, those components need repairs and replacements. Knowing how old the complex is and when certain components were last repaired or replaced will give you an idea of when they’ll likely need maintenance and replacements again. Read more…….
Notes On The Management Of BC Strata Corporations With Sections
Over the course of 2013 it came to the attention of the Real Estate Council of British Columbia (“RECBC”) that the legislative requirements related to the management of strata corporation sections were not fully understood by much of the strata management industry. Read more……….
Barking dogs can also bite: condo corps may be on the hook for dog attacks on common property (Canada)
In most cases, cohabitation between condominium residents and “a man’s best friend” go without a hitch. Society has accepted that pets form part of many families and owners are, for the most part, responsible and respectful of their neighbours. To assist with this peaceful cohabitation, many condominiums have put in place various restrictions on dog […]
Court and Tribunal Roundup
The first half of 2014 brought a bumper crop of condo-related court and tribunal cases from across Canada. The race for the top 10 cases of the year is heating up! Read more……..
The condo biz is changing, and adapting to a new generation of buyers that are staying downtown
There are a lot of people who say that millennials are just like anyone else and will want to move to the suburbs when the kids come along and that this idea that people actually want raise families in downtown condos is nuts. They should have a close look at what people are building these […]
Condo ordered to amend declaration by court
In Grigoriu v. Ottawa-Carleton Standard Condominium Corporation No. 706 [2014] O.J. No. 2218 two owners of a unit applied to the court for an order amending the condominium’ declaration under section 135 of the Condominium Act, 1998. The owners claimed a recent amendment made to the declaration was oppressive or unfairly disregarded their interests. […]
Policy prescription for pain-free collections
Some of the most uncomfortable conversations that condo directors, managers and lawyers have with unit owners take place when owners cannot afford the monthly common expenses for their unit. While it is natural to show compassion to someone in trouble, significant problems and potential liabilities arise by delaying prompt collection action. Read more……..
Notes on the management of BC strata corporations with sections
Over the course of 2013 it came to the attention of the Real Estate Council of British Columbia(“RECBC”) that the legislative requirements related to the management of strata corporation sections were not fully understood by much of the strata management industry. RECBC began a campaign to educate licensees and established a ‘phase-in’ period of 18 […]
Restrictive Covenants in Common Elements Condos
There was recently an interesting decision by the Superior Court of Justice regarding the enforcement of two sets of restrictive covenants in a common elements condominium. A restrictive covenant is a legal obligation registered on title to land and runs with title (meaning it binds future owners). Read more……..
Condo hell
Thanks to neighbour disputes, crazy restrictions and incompetent boards, condo dwellers are increasingly finding themselves boxed in Read more……….
Powers of attorney essential for condo unit owners
A power of attorney (“POA”) is a legal document that gives someone else the right to act on a person’s behalf. These documents can be used to oversee personal care or to handle assets and property, and can be customized to suit the precise requirements of each person. The value and usefulness of a POA […]
Status certificate error costs condominium
What happens when a condominium fails to set out the monthly fees associated with a parking unit in a status certificate? That is was what apparently happened in 1716243 Ontario Inc. v. Muskoka Standard Condominium Corporation No. 54. The unit owner brought an application against the condominium seeking: Read more……..
BCCA (Canada) Overturns Decision Allowing Post-Closing Rescission Of Pre-Sale Condo Contracts
On March 4, 2014, the B.C. Court of Appeal released its judgment in Woo v. Onni 2014 BCCA 76, reversing the decision of the court below which was the first to allow purchasers to rescind their contracts under the Real Estate Development Marketing Act (“REDMA”) post-closing. Read more……..
Top 10 condo law cases of 2013 (Canada)
In response to popular demand, here are our picks, presented in no particular order. Almost all of them have at least one lesson that can and should be picked up by the ongoing Condo Act Review being undertaken by the Ontario Government. A new condo act that deals with some of the persistent problems we […]
E-Cigarettes and Vaping: To Ban or Not to Ban
Boston, New York, and Chicago have already banned electronic cigarettes in all places where conventional cigarettes are. Los Angeles seems like it will soon follow suit. Although advocates claim that e-cigarettes are not dangerous to bystanders because they emit vapor and not smoke, the fear is that smoking e-cigarettes (commonly referred to as “vaping”) will […]
Elected to the Board…now what?
Now that you’re on the board, what is expected of you. Read more……..
Second-Hand Smoke In Condominiums
What are the responsibilities of a condominium corporation where second-hand smoke is emanating from one unit to another? Are there additional responsibilities where the complaining owner is allergic to cigarette smoke? Read more………
Another Difficult Condominium Resident
In a recent post, we blogged about an owner who had engaged in inappropriate and abusive behaviour. In another recently-reported case, Wentworth Condo Corp. No. 34 v. Brendan Taylor and Samantha Jones, we see another condominium resident engaging in confrontational, harassing, threatening and aggressive behaviour against other residents and a contractor retained by the Corporation. […]
Avoiding winter slip-and-fall negligence claims (Canada)
Given the weather in Calgary lately, with warm and cool days interspersed with an exceptionally large amount of snow, Calgarians – and probably individuals all across much of Canada – should be aware of the current status of the law in regard to liability for slip-and-falls on real property. Read more…….
Accommodating A Disabled Condominium Unit Owner
The Ontario Human Rights Code provides protections and rights to persons with disabilities. Where a condominium resident provides sufficient evidence that he or she suffers from a disability attracting the protection of the Human Rights Code, then a condominium corporation has a duty to put in place any reasonable accommodation, short of undue hardship. […]
Fallen trees – Don’t be a sap
The massive ice storm that recently devastated the Toronto area felled whole trees and large branches. This damage to the urban canopy knocked out electrical service to hundreds of thousands of people and caused untold property damage. With the post-storm clean-up now underway and expected to last several weeks, condominium managers may need guidance dealing […]
Strata Property Act (BC) Amendment Offers Remedy For Deadlocks On Special Levies
On December 12, 2013, amendments to section 173 of B.C.’s Strata Property Act, SBC 1998, c 43, came into force that allow strata corporations with majority support to apply to the BC Supreme Court to require strata owners to pay for certain repairs. Read more…….
Strata Property Act amendment offers remedy for deadlocks on special levies (BC)
On December 12, 2013, amendments to section 173 of B.C.’s Strata Property Act, SBC 1998, c 43, came into force that allow strata corporations with majority support to apply to the BC Supreme Court to require strata owners to pay for certain repairs. Read more……..
Canada: The Condominium Corporation And The Developer Board
Upon the registration of a condominium plan at Land Titles (or the first phase of a condominium plan in the case of a phased development), a condominium corporation is created. The condominium corporation is the vehicle by which the owners of Units and their associated Unit Factors manage and control the common property of a […]
Evict thy neighbour: B.C. Court of Appeal upholds forced sale order under the Strata Property Act
The British Columbia Court of Appeal recently upheld an unprecedented order for the immediate sale of a condominium unit following the “outrageous behaviour” of the unit’s owner and her son towards their neighbours. The decision in The Owners Strata Plan LMS 2768 v Jordison1 gives strata councils an enhanced enforcement mechanism by permitting them to […]
Court and tribunal round-up to December 4, 2013
While mediation and arbitration have been mandatory for most types of condo disputes for over 12 years, it seems that there are still plenty of condo cases finding their way into the courts. According to the scuttlebutt, the judges are starting to notice this, and they apparently aren’t too happy with the volume of people, […]
Condominium Act update on stage two recommendations – governance
The Stage 2 Solutions Report on the Condominium Act review (the “Report”) identifies five key areas for improvement relating to condo governance. The key areas and recommendations are summarized below: Read more……
Allocating Risk When Hiring Professionals
We frequently review contracts between associations and licensed professionals, like Architects and Engineers. One common provision that many of these professionals are inserting to their contracts is to limit any liability they have for performing their services. We have several comments that we believe our clients should be aware of. Read more……..
Divided and Undivided Co-Ownership: Know the difference (QC)
Within the housing market, you’ll find two types of property co-ownership that are important to differentiate: divided co-ownership and undivided co-ownership. Read the article………………
What is a Reserve Fund Study?
A reserve fund is a separate fund that is maintained by the condominium corporation. The reserve fund is funded by condominium owners, and is used to pay for the major repair and replacement of common elements and assets of the condominium corporation. Read more…….
How to run a condominium meeting
Are you the Director of a Condo Association or Condo Board? Efficiently and effectively running a Board Meeting can be harder than it sounds. To ensure you are making the most of everyone’s time, follow these easy tips. As always, Lerners LLP is here to help you every step of the way: Read more……
Introduction to Condominiums
Condominiums have become increasingly popular in recent years among all age groups, including younger first time buyers and empty nesters. A condominium is actually a legal definition that refers to a method of ownership, not a type of building. Read more….
Different Types of Condominiums
In Ontario, there are a number of types of condominiums that may be developed. Under the Condominium Act, 1998, the types of condominiums provided for fall into two categories: leasehold and freehold. There are then four subcategories of freehold condominiums: standard, phased, common elements, and vacant land. This post will provide a brief overview of […]
Canada: Service Animals In No-Pet Condos
Pets in condominiums is a very controversial topic. Some condominiums prohibit pets and other condominiums allow them. Prudent pet owners should be checking the condominium’s documents before buying a condominium to ensure that pets are permitted. Read More…..
Condominium Dispute Resolution Model for Ontario
In early 2012, the Joint Government Relations Committee of the Association of Condominium Managers of Ontario (ACMO) and the Toronto & Area Chapter of the Canadian Condominium Institute (CCI) formed a Dispute Resolution Sub-Committee. Following is their report:
Time to abolish the owner-occupied director position
It is rare for us at Ontario Condo Law Blog to beat up on an underdog, but the owner-occupied reserved position on condo boards is decidedly worthy of that honour. That reserved position (set out in the Condominium Act, 1998, subsections 28(3), 46(3) and 51(5) to (8)) surely is an underdog – it enjoys little or […]
Condo owners may find disputes covered by provincial Condominium Act
Q: Our board failed to specify the reason for a special assessment, as required by our bylaws. A request for the reason was unsuccessful and I contacted the Ministry of Consumer Services. A ministry representative advised they do not enforce condominium compliance with the act. This is strange as the ministry is intended to provide […]
Condo culture: Rules are rules and they apply to all residents
Q: I just moved into a high-rise condominium. I found out after I moved in that there’s a weight limit on dogs. The dog I was going to buy is 4.5 kilograms over the limit established by the condominium rule. It says in the Residential Tenancies Act that a provision in a tenancy lease agreement prohibiting […]
Ontario: Directors personally responsible for costs of litigation to quash owners’ rights
Noteworthy costs awards were recently released in Middlesex Condominium Corporation No. 232 v. Owners, which we cited as number 6 in our top 10 condo law cases of 2012 as follows: Faced with an increasingly unhappy ownership, the board commenced an application for appointment of an administrator. Read More……
On further thought . . . Reversing earlier board decisions
A recent decision of the Ontario Small Claims Court tackles the interesting issue of whether and how condominium boards can reverse earlier decisions in maintenance and repair scenarios. Read More……
The Battle With Homeowners Associations
Congratulations! You’ve just bought a new house in a great neighbourhood and you’re ready to move in. A signed contract together with all the necessary documents is resting in your briefcase. Is there anything that can disturb your happiness? Many first-time buyers lack the experience and can therefore end up in trouble just for not […]