A recent judicial ruling confirms that unit owners are required to carry out preventative maintenance if this is necessary to mitigate the effects of the wear and tear on the common elements. This requirement applies at all times – including where a unit is used in an ordinary and expected manner.    Read the entire article……………………………….

We Ontarians know the perils of sharing our urban communities with wildlife, especially the wily raccoon and coyote populations. In fact, many of us feel outsmarted in our attempts to keep the animals at bay. Because of this we may feel some empathy for the following story.    Read the entire article……………………………….

This is the second post in this series. As the name implies, in this series we will discuss some common terms and phrases that are used incorrectly by owners and others in the industry. Today’s post focuses on terms related to meetings and voting by owners.   Read the entire article……………………………….

The prime minister has asked the Governor General to dissolve parliament, setting the stage for Canada’s next general election. Blue, green, orange and red electoral signs (we’ve listed them alphabetically) will soon be popping everywhere and candidates will start canvassing. Naturally, things will be very different this time around in the current pandemic context.    Read […]

Since November 2017 when the Condominium Authority Tribunal (CAT) was established, it has proven to be the online tribunal the condominium industry needs to resolve certain condominium-related disputes. While the CAT started cautiously hearing only condominium records disputes, it has gradually expanded its reach to include resolution of cases involving pets and animals, vehicles, parking […]

This is the first of another series for our blog (are you sick of our series posts yet?). In this series, we will discuss some common terms and phrases that we regularly hear owners and others in the industry use incorrectly, leading to confusion and errors. Today’s post will focus on terms and phrases used […]

There appears to be an increasing number of disputes before the Condo Tribunal over the adequacy of board minutes. A recurring question focuses on the level of detail needed for minutes to meet the requirement under the Act. In this blog post we discuss a recent decision that sheds some light (again) on this issue.  […]

A Toronto condominium corporation finds itself in the news lately over a hotly-contested election.  Two unsuccessful candidates brought a legal proceeding claiming election interference after they won on an initial count by a slim margin of two votes but lost on a recount. The candidates claim their proxies were disqualified without reason and votes were […]

In the recent case of Calderon v. YCC 274, the owner had brought eight CAT applications against the condominium corporation, dealing with records and respecting how pets and parking are regulated under the condominium corporation’s governing documents. Six of the applications were still open and ongoing.    Read the entire article……………………………….

As our readers will know, the jurisdiction of the Condominium Authority Tribunal (CAT) was expanded in the fall of 2020, and we expect to see further increases to CAT’s jurisdiction in the coming months and years. One of the recent expansions to CAT’s jurisdiction relates to disputes respecting provisions (in a condominium’s Declaration, By-laws or […]

We’ve all heard of that one owner who has it against the corporation and who brings repeated and multiple court cases, on what may feel like a vendetta. Is there no limit to what cases (and how many cases) the same owner can bring against their condo corporation?   Read the entire article……………………………….

One of the recent Condominium Authority of Ontario (CAO) guides is the “Annual Condominium Requirements Guide”. The guide says that its purpose is to “highlight many of the regularly occurring legal requirements for condominium corporations”. The guide lists various legal requirements to be fulfilled or considered by condominium corporations on an annual basis, and also […]

The law relating to legal expenses in litigation involving Alberta condominium corporations is evolving, but remains far from settled. In several recent decisions of the Alberta Court of Queen’s Bench (Toronto-Dominion Bank v Bachand, 2021 ABQB 271, Tutt v The Owners: Condominium Plan No. 7822572, 2020 ABQB 213), the Court concluded that legal fees incurred […]

For the safety of the residents and the property, installing cameras on the common elements is a no brainer. However, there is another concern that condominium corporations must consider other than safety – privacy. Here are ten things your condominium corporation needs to know about installing cameras on the common elements:  Read the entire article……………………………….

Our fourth Q-and-A style blog post has arrived. This time we discuss how you can navigate having a noisy neighbour, a neighbour that has complained about you being too noisy, how you can build a case for a complaint, and what you can do if you disagree with a ruling of a condominium.    Read the […]

Today, Ontario moves into Step 3 of its re-opening plan. One of the most important changes impacting condominiums is the ability to re-open both outdoor and indoor recreational amenities, including sport and fitness amenities.  As a general rule for safely re-opening amenities, condominiums must comply with their legal obligations and with the advice, recommendations and […]

In the daily governance of a condominium corporation in Ontario, condo board members play a significant role. Although unpaid volunteers, board members are responsible for ensuring the corporation – as well as its financial assets – are secure and well managed on behalf of all owners, future owners and residents.    Read the entire article……………………………….

As we all know by now, in October 2020 the Condominium Authority Tribunal (CAT) increased its jurisdiction to cover disputes related to pets, parking and storage on top its usual jurisdiction over records requests.  Since then, it has been interesting to see just how far the scope of this new jurisdiction goes. A recent case […]

We’ve all seen the horrifying video. We know about the tragic loss of life and potential loss of life. It’s an astounding catastrophe for so many.  And we can’t help wondering: Could it happen here?     Read the entire article……………………………….

On June 28th, 2021, the Condominium Authority Tribunal (CAT) dismissed a motion brought by a condominium corporation relating to an application initiated by a commercial unit owner, to challenge the validity of an amendment to declaration. The condominium corporation’s position was that the application brought by the unit owner was not within the jurisdiction of […]

Here is our third Q-and-A style blog post! In this post we discuss the different documents that condominiums have to describe the rights and obligations of unit owners and occupiers, as well as the condominium board of directors – the declaration, by-laws, and rules.   Read the entire article……………………………….

The recent collapse of a condominium building in Surfside, Florida resulting in the loss of so many lives is a tragedy.  Below we link to an article from the New York Times recounting the years of deferred decision making and difficult conversations prior to the collapse of a portion of the building and the demolition […]

After the tragic collapse of Champlain Tower South Condominium Association in Surfside, Florida, there have been many concerns expressed by residents about the safety of their own communities and many residents and owners are reaching out about how to protect their buildings. While the exact cause of the collapse is still unknown, condominium residents across […]

This is our second Q-and-A-style blog post for those who may be new to the condominium way of life or are contemplating moving into one.  In this post we focus on how and where issues that arise within condominiums get resolved with a focus on the Condominium Authority Tribunal and the mediation and arbitration processes […]

By-laws are not documents of legal jargon that can be filed away – by-laws contain important information with an ongoing impact on the condominium. The by-laws must be followed in order to run the condominium effectively.   Read the entire article……………………………….

Today’s post is about a recent Court of Appeal decision regarding arbitration in condominiums. The facts are straightforward. Two condominiums were parties to a cost-sharing agreement. There was a dispute about the amounts owing under the cost-sharing agreement. The parties participated in a mediation, which was unsuccessful. One of the condominiums sought to arbitrate the […]

The Condominium Authority Tribunal’s (“CAT” or the “Tribunal”) recent decision in Peel Condominium Corporation No. 96 v. Psofimis (“Psofimis”) should bring relief to condominium corporations across Ontario. In Psofimis, CAT awarded the corporation the legal fees it incurred pursuing enforcement action against an owner.    Read the entire article……………………………….

The Superior Court of Justice recently raised an interesting question: can a condominium corporation foreclose on a unit to enforce its lien? While the Court didn’t answer the question, raising the question seemingly casts doubt on what a corporation can or can’t do to enforce a lien. Fortunately, we don’t have to wait for another […]

In an age when a condo corporation’s insurance may not provide enough coverage for an insured loss, brokers can help their clients by advising condo unit owners about the merits of special assessment insurance, one lawyer suggests.   Read the entire article……………………………….

The Province of Ontario has extended the deadline for condominium Managers holding Transitional Licences to meet the requirements for a General Licence (for condominium management services).   Read the entire article……………………………….

The Condominium Authority Tribunal’s (“CAT”) recent decision Datri v. York Region Standard Condominium Corporation No. 1188 confirms that all disputes between corporations must proceed through mandatory mediation/arbitration outlined in section 132 of the Condominium Act, 1998 (the “Act”).  Read the entire article……………………………….

The Condominium Authority Tribunal’s (“CAT”) recent expansion of its jurisdiction, has resulted in some positive outcomes for condominium corporations. This was the case in a recent pet dispute decision involving one of our condominium corporation clients.   Read the entire article……………………………….

The Ontario Superior Court of Justice has ruled that a condominium unit owner’s right to accommodation to participate in the condominium community does not amount to a license to harass, oppress or unilaterally dictate rules for the community’s behaviour.   Read the entire article……………………………….

Electronic signatures are the new normal in most corporate transactions. With physical distancing, gathering restrictions and many working remotely, electronic signatures make it easy for business to continue as usual, including at condominiums.   Read the entire article……………………………….

The recent Condo Authority Tribunal (“CAT”) decision, Kalinitchenko v. York Region Common Elements Condominium Corporation No. 1219, is a reminder to corporations that boards cannot transact any business without having the requisite number of directors to constitute a quorum.   Read the entire article……………………………….

A condominium’s declaration can include restrictions on the uses that may be made of a unit. In residential developments, this usually takes the form of “single family use” to prevent short-term rentals. Commercial developments often use declarations to prohibit certain types of businesses, or to allow for only one of a specific type of business.  […]

CAT released a new decision regarding whether a corporation’s pet rule was reasonable.  The applicant, a unit owner and pet owner, brought the CAT proceeding requesting that CAT order the repeal of Rule 3.1 of the corporation’s rules. His position was that the rule, which restricted residents from taking pets into or through the front […]

A condominium’s declaration can include restrictions on the uses that may be made of a unit. In residential developments, this usually takes the form of “single family use” to prevent short-term rentals. Commercial developments often use declarations to prohibit certain types of businesses, or to allow for only one of a specific type of business.  […]

As many in the condominium industry are aware, condominium insurance premiums and deductible limits are rising at an alarming rate. The frequency of floods, and the significant damages that can result, are one of the driving forces behind these steep increases.   Read the entire article……………………………….

The Condominium Authority Tribunal (CAT) has released a few decisions related to parking issues in condominiums in the last six months. We summarized one of the previous decisions in post last month. The CAT has released another one this month that is interesting in what is says about rule enforcement, delays in enforcing by condominiums, […]

British Columbia became the first province to license strata property managers. This change occurred in 2006 as a way to ensure that managers have the required competencies needed to effectively serve strata corporations and the people who live in them.  All strata managers provide services through licensed brokerages. They are supervised by managing brokers who […]

Strata corporations can be understandably concerned about the legal cost of collecting arrears for unpaid strata fees and levies from owners. This is why it was welcome news to many when the Court of Appeal in KAS 2428 v. Baettig, 2017 BCCA 377, confirmed that a strata corporation’s actual legal costs may be claimed under […]