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Court-Appointed administrators (Part Two)
In my recent blog posting, I discussed the factors that courts will consider before setting aside an elected condominium board of directors to impose a court-appointed administrator. Below are some...
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Condo Loans for Energy Efficiency Improvements
Condominium Corporations considering doing common element improvements to reduce energy consumption costs, should be interested in a new mortgage loan insurance product just launched by CMHC. Click...
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Case Comment: Free Speech v. Defamation/Harassment
In a recent case out of Orleans, Massachusetts, the trial and appeals court found that an owner’s right to free speech trumped the by-laws of a condo association. Steven Preu, an owner at Old Colonial...
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Denise Lash Interviewed in the Toronto Sun
Denise Lash was interviewed for an article in the Toronto Sun which discusses two cases in which condo owners and residents faced legal trouble after avoiding complaints from their condominium boards....
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Safety Deposit Box Condominium
The enactment of condominium legislation has allowed fractional ownership of a larger piece of property that previously could not be subdivided, by creating separate smaller real property units with...
View ArticleThe Differences Between Owning a House and Owning a Condominium
If you have wanted a detailed list cataloguing the differences between owning a home and owning a condominium you are in luck! Denise Lash recently presented to a large group at an HSBC event on the...
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Should the board consult the owners before implementing changes ? (Part I)
We are often asked to advise condominium corporations on the extent of owner consultation required before the board can implement a change or proceed with extensive work on the common elements. Do...
View ArticleQ & A from Our Battle of the Proxies Seminar
We were unable to respond to all of the on-line questions submitted at our Battle of the Proxies Seminar. Here are those questions and our answers. Q: What about proxies that come in after the...
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Should the board consult the owners before implementing changes ? (Part III)
In our previous posts on this topic, we looked at the level of consultation required when the board contemplates renovation to the condominium or changes to the services provided to the owners. Last...
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Condo Directors Held Personally Liable For Legal Costs
The Condominium Act (the “Act”) has several provisions (sections 85, 134(5) and 135(3) which place the financial burden of obtaining compliance orders on those responsible for the non-compliance, thus...
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Amendment to Tarion Addendum: More Disclosure for Condo Purchasers
The Ontario government just enacted amendments to the regulations to the Ontario New Home Warranties Plan Act. Included in the amendments are new Tarion Addendum forms which are available for use...
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Should violent Condo Owners be forced to sell and leave?
In a recent decision, the Superior Court of Justice was once again asked to determine whether a condominium owner should be forced to move out and sell her unit as a result of her violent and...
View ArticleGuest Blog: Condominium Flips and the CRA
This week we have a guest blogger, Peter Clark, partner with Heenan Blaikie’s Taxation Law Practice Group. In his post, Peter discusses the potential tax implications of condominium flips. The...
View ArticleOwners' Request for Records - the Lahrkamp Saga Continues
Another follow-up to our previous posts on “Owners Requests for Records”. As we previously posted, the Court agreed to vary its original order that the Corporation provide access to Mr.Lahrkamp to...
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Update on the Condominium Act Review Process
Canada’s Public Policy Forum released its report to the Ontario Ministry of Consumer Services containing findings from Stage One of the Government’s Condominium Act review process. Stage One of the...
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Noise Complaints in Condos : The Perils of Failing to Enforce Condo Rules
Property managers and condominium corporations should take noise complaints seriously or risk facing serious financial consequences. In a recent case, a condominium corporation that failed to enforce...
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Dominatrix Dungeon in Residential Condo
We expect that some residents were shocked to read a recent article in the Toronto Star that reported that one of the residents in their condominium was operating a dominatrix dungeon from her unit....
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How to: Remove unclaimed property (and increase condo bicycle parking)
It’s move-in day to your first downtown condo. As an avid cyclist, you’re excited to be steps from Toronto’s bike lanes and paths. Your excitement quickly fades when you learn that all your condo’s...
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Condo Alert: Assessment Appeal Deadline - April 1, 2013 - Don't Miss It!
MARCH 2013 Assessment Appeal Deadline – April 1, 2013 – Don't Miss It! Has your Corporation filed a request for reconsideration for the common amenity service unit(s) in your building (i.e. guest,...
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Can Police Enter Condominium Common Elements Without a Search Warrant?
As reported in the Ottawa Citizen, in a recent drug trafficking case the Ontario Superior Court considered whether the police could enter, without a search warrant, the common elements of the...
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