When condo owners get hit with a lien, things typically go one of two ways: the owner pays the lien and everyone moves on with their life or the owner disputes the lien and a contentious battle ensues. A registered lien secures “reasonable legal costs and reasonable expenses incurred by the corporation to collect the […]

Your client owns a strata apartment in a high-rise. Water starts coming in from the ceiling from the unit above. The night security guard visits the higher of the two units but neither the occupant nor the security guard can find the source of the leak. Should the owner be liable if a plumber does […]

The CAT recently released a very interesting case with a lot of useful information packed into it, including some guidance on when a board policy really ought to have been a rule.   Read the entire article……………………………….

Ontario is kicking the dust off of elevator repair legislation, which was passed under the Liberal government in May 2018 but never proclaimed into law.  In a move that will see better elevator availability and stricter maintenance requirements, recently approved regulatory changes allow the Technical Standards and Safety Authority (TSSA) to impose financial penalties for […]

A recent case demonstrates the possible consequences when owners choose not to pay their monthly common expenses on time and the condominium is forced to take steps to lien the unit and sell it. The unit owner had not paid her common expenses since June of 2018. The Condominium registered a lien against her unit […]

A recent court case Metropolitan Toronto Condominium Corporation No. 580 v. Mills sheds some light on a condominium corporation’s obligation where owners request accommodation under the Human Rights Code.   Read the entire article……………………………….

The Condominium Authority Tribunal (“CAT”) released a new decision regarding visitor parking and the enforcement of a condo corporation policies.  The first issue that CAT reviewed was whether an owner’s guest was permitted to park in visitor parking based on the frequency of visits.    Read the entire article……………………………….

In the case of MTCC 580 v. Mills, the condominium corporation’s communications with one of the owners became “strained”, for two main reasons: (1) The owner suffered from disabilities which could cause him to experience anxiety and, as a result, to engage in excessive, unwanted communications with others (in this case, with the condominium corporation […]

The Condominium Authority Tribunal (CAT) has been busy so far in 2021. As of April 13, 2021, the CAT has released 30 decisions. Many of the decisions still relate to record requests, but there have been a few about other issues that it now has jurisdiction to hear, like pets and parking. Some cases were […]

Condo boards and owners should be familiar with the concept of “common elements” and “units”. While there is no “one size fits all” approach to distinguishing the two, in simplified terms, anything that is not part of a “unit” is a “common element”. Diligent boards and owners should review the condo’s Declaration for inclusions/ exclusions […]

As many of you may be aware, the Condominium Authority Tribunal (“CAT”) expanded its jurisdiction on October 1, 2020. Part of its expansion includes dealing with disputes related to pets.    Read the entire article……………………………….

Because the Board is responsible to fulfill the obligations of the condominium corporation, most decisions in a condominium are made by the Board. However, various matters – particularly changes – require owner involvement. Here’s a non-comprehensive list of some key matters that require owner involvement. [The section numbers of course refer to the Condominium Act, […]

In the case of Matlock v. OCSCC 815, one of the owners asserted various claims against the condominium corporation in relation to the corporation’s alleged failure to properly maintain and repair the common elements. The owner also asserted claims against the condominium’s directors “on the basis of negligent misrepresentation, a breach of the statutory duty […]

Ontario has extended the various exceptions in place to facilitate the conduct of condo business during the pandemic through virtual and electronic means.   Read the entire article……………………………….

Recent news stories have said that a Regina-based condominium corporation recently bought 0.4 bitcoin for $25,000, and also allocated $700 per month for future purchases of the cryptocurrency.  An Ontario condominium corporation would not be permitted to make such an investment.   Read the entire article……………………………….

A recent decision out of the CAT has helped clarify what types of matters corporations and owners can bring to this tribunal.  As a brief reminder, the CAT can now adjudicate cases dealing with pets, parking, vehicles, storage, and chargebacks related to disputes over these items. We blogged about the newly expanded jurisdiction of the […]

Condominiums are typically obligated to repair and maintain the common elements. The common elements, particularly in high-rise buildings, can often include sophisticated equipment with complex repair and maintenance requirements (especially as buildings age). So what happens when an owner alleges that the condominium hasn’t complied with its repair and maintenance obligations?   Read the entire article……………………………….

In what is likely the first court case dealing with the requirement to wear masks in public spaces, the Superior Court of Justice issued a partial but permanent injunction requiring 2 condo owners to wear a mask while on interior common elements. The court carved out an exception for the limited purpose of entering and […]

An interesting decision was released March 19, 2021, involving two condo owners who refused to wear masks in their condo due to “medical reasons”. In Halton Condominium Corporation No. 77 v. Mitrovic, although the corporation was successful in obtaining a compliance order against the owners and a permanent injunction mandating those owners to wear a […]

On March 18, 2021, the CAT released a decision on a motion made by a condominium to dismiss a case without a hearing. The owner made a record request for minutes of a board meeting and another document regarding a motion that was apparently made by a former director at the meeting for an investigation […]

I was recently pleased to learn about the tabling of Bill 53 – Service Alberta Statutes (Virtual Meeting) Amendment Act. The Bill is scheduled for a continuation of Second Reading and debate during today’s legislative session. If passed, the Condominium Property Act, RSA 2000 c C-22 (the “Act”) would be amended so as to expressly […]

Earlier this week we wrote about policies, programs, and plans in condominiums. This post is the second in the series where we briefly discuss some other required policies and some recommended ones.   Read the article…………………………………

The Ontario Condominium Authority Tribunal recently decided that it was authorized to hear a matter under the new regulations of the Condominium Act, 1998, the first decision of its kind under its expanded jurisdiction, a real estate lawyer has noted.   Read the article………………………………………..

An interesting decision recently came out of the Condo Authority Tribunal (CAT) on a dispute over a basketball hoop installed in a driveway. This case sheds some light on how the CAT is applying its new jurisdiction over parking disputes and is a helpful reminder that not all breach necessarily require the same response.    Read […]

On October 1, 2019, the prompt payment and adjudication regime of the Construction Act (the “Act”) came into force to improve payment and cashflow to contractors on construction projects. The changes apply to any contract between a contractor and property owner for the supply of services or materials for any alteration, addition or capital repair […]

In the recent case of Rahman v. Peel Standard Condominium Corporation No. 779, the owner (Mr. Rahman), claimed a right to use an outdoor handicap parking space because of a disability. The condominium corporation asserted that this was an improper use of visitors’ parking. The condominium corporation also asserted that Mr. Rahman had not provided […]

Bill 53: the Service Alberta Statutes (Virtual Meetings) Amendment Act would allow thousands of businesses, non-profits, societies, cooperatives and condominium corporations the option to meet and vote online, as opposed to in person.  The proposed changes would update rules to allow organizations the option of providing meeting notices, conducting meetings and holding votes using digital […]

The government of Ontario has recently expanded the scope of matters that are to be decided by the Condominium Authority Tribunal (“the CAT”). Until October 1, 2020 only requests for records could proceed through the online dispute resolution system established by the amendments to the Condominium Act.  Now disputes regarding pets, parking, storage, and motor […]

When talking about strata council members’ roles and responsibilities, there is almost always an emphasis placed on the requirement to enforce the bylaws and rules.  Rule enforcement, while not something council members look forward to, is a critical part of maintaining a safe and enjoyable environment for the people who live in the strata. If […]

Earlier in the year we wrote about the different voting thresholds to pass condominium by-laws and described the process generally. We did not go over the extensive list of permitted subject matters or other requirements for a by-law to be valid. A recent case highlights the importance of ensuring the by-law complies with all requirements […]

We get questions from time to time about HST on condominium fees. Here’s a brief primer respecting HST and condominium fees.  First of all, there is no HST payable / collectible on condominium fees for residential units (or parking or storage units that are associated with residential units). So, condominium corporations don’t levy HST on […]

Boards of directors for condominium corporations are typically comprised of volunteers. Depending on the eligibility requirements in the corporation’s bylaws, these are more often than not members of the corporation, that is, unit owners. For residential condominiums, this means that the directors are also often lay people, with no particular specialized skills or professional knowledge.  […]

A recently released decision from the Condominium Authority Tribunal (CAT) shed some light on an interesting question: can someone who ceases to be a condo owner still be entitled to access the records of the corporation or is this a privilege only available to current owners?   Read the article………………………………….

The Condominium Management Regulatory Authority (CMRAO) has published some Guides for condominium managers and providers, including the following:   Read the article……………………………………

The New Year ushered in a number of changes, and one which lawyers had been keeping their eyes on was whether the Supreme Court of Canada would agree to hear the appeal of Waksdale v. Swegon North America Inc., one of the more controversial legal decisions in recent memory.  Read the article……………………………….

The Condo Authority Tribunal’s decision in Rahman v. PSCC 779 is the first of its kind under the Tribunal’s expanded jurisdiction. The case provides a strong warning against condos seeking to unilaterally impose costs against unit owners.    Read the article……………………………………

Owner requisitioned meetings are an important decision-making mechanism available to condominium owners under the Condominium Act, 1998 (the “Act”). At the same time, in order to properly make use of the process, owners must ensure that the requirements under the Act are followed.   Read the article…………………………………….

Today’s topic was suggested by one of our readers, John, who is often faced with questions and comments from owners about snow removal and salting. Some owners feel their condominium’s contractor puts down too much salt, which gets tracked into their homes and ruins the floors. On the other hand, some owners feel the contractor […]

With no further extensions to the deadlines for holding AGMs, it looks like many condominiums will need to hold their 2020-2021 AGMs using electronic means as in-person meetings continue to be prohibited in most parts of Ontario. There were temporary amendments made to the Condominium Act, 1998 (the “Act”) that permit condominiums to hold their […]

Lozano v. TSCC 1765 was one of our Top 10 cases for 2020 because it reaffirmed that a higher?negligence?threshold is?not?applicable for s.105 chargebacks.??  Lozano’s insurer (who paid the insurance deductible) appealed the 2020 decision, asking the Divisional Court to re-write s.105 of the Condo Act and adopt a “robust” negligence test for liability under that […]

When someone buys a home that belongs to a planned community with covenants, they are generally expected to pay fees and assessments to a homeowners’ association. Though most owners pay these fees without any problems, HOAs can take serious action if an owner refuses to keep up with their financial obligations.    Read the article……………………………………….

In a recent court case, a condo owner challenged a lien registered against his unit, alleging that the corporation was late in registering it and that it ought to have mediated the chargeback prior to registering the lien. In this post, we review this decision and the important lessons it brings.  Read the article………………………………

Unit owners occasionally request records about past and current litigation. This can happen in the context of a condo’s AGM, a debate with management or a seemingly benign records request. When is it okay to provide such records?    Read the article……………………………….