Are You Serious? Volume 2.

Aggregating the real estate of condominium commentary, opinion, tragedy and truth being told to the public. Buy into the author’s thought or sell your own. For legal advice, consult a professional condominium lawyer.

Dealing with an Abusive Condo Owner – A Recent Court Decision

There’s an old adage that “a man’s home is his castle.” However, when that castle is a condominium unit, owners need to realize that they are not the exclusive ruler of their castle and that they do not have the same freedoms and level of control as the owner of a freehold property. Source: Denise Lash, Lash Condo Law

What To Do When an Owner’s Behaviour Escalates…

It is never a pleasant situation when an owner disregards the Condominium Act, 1998 (the “Act”), and the Corporation’s Declaration, By-laws and Rules.  It is much more concerning when that behaviour begins to escalate causing concern for the safety and security of Board members, their families and the Corporation’s contractors. Source: Cheryll Wood, Davidson Houle Allen LLP

Special Assessments

Most homeowners agree that maintenance and unexpected repairs are a fact of life. So why does talk of a special assessment send shock waves through a condominium? Source: Jacqueline Moneta JD with assistance from Jayson Schwarz LLM, Schwarz Law LLP

Spell everything out when contracting a home reno project

All home renovation projects should start with a clearly written contract detailing exactly what the project encompasses and the costs involved, says Barrie civil litigator Scott Hawryliw. “In my experience, most litigation in this area stems from the contractor and homeowner not being on the same page as to what the scope of the work will be,” … Source: Paul Russell, Contributor

Resolving condominium disputes

Types of disputes

A condominium combines both business and community living and disputes are inevitable. Condominium disputes can involve a wide variety of issues between condo owners, tenants, occupants, and condo corporations. Some will be personal disputes, as between two individuals. Others will require the input or actions of the Board, and the involvement of the condominium corporation. It is always best to attempt to resolve a dispute at the earliest time possible, and through the most direct means. Source: Legal Line, a Federal Not-for-profit Corporation

Do Condos Have a Duty to Accommodate Disabled Residents?

The Human Rights Tribunal of Ontario (the “Tribunal”) recently released a decision regarding whether condominium corporations in Ontario have a duty to accommodate the specific requests of disabled residents and, the timeframe within which action must be taken.  In Polito v. Briarlane Property Management Inc., 2019 HRTO 708, a disabled condo resident in Toronto alleged that his accommodation request was ignored for too long and that the eventual change to the building as a result of his request was inadequate. Source: Kelli-Anne Day, Merovitz Potechin LLP

Is Cannabis Creating Condo Chaos?

The personal choice between smoking and chewing cannabis should be easy. For a Director, making the best decision for the Corporation is more complex. Here are some articles on the problem and possible solutions.

Options for condo boards looking to ban cannabis

Condo boards have two options if they want to prohibit smoking, growing or processing cannabis within their buildings — they can either amend their declaration or pass a rule, Toronto condominium lawyer Warren Kleiner tells Law Times. – Source: Patricia MacInnis, Senior Editor

Can Condo Boards Regulate Smoking in My Unit?

If you’re a condo owner, you might be horrified to discover that you’ve received a condo special assessment notice because your condo board thinks that you’ve been smoking in violation of the bylaws. – Source: Horlick Levitt Di Lella LLP

Beware the legal implications of pot use in your home

People offering legal cannabis products to guests in their home should be aware of the potential consequences, Toronto personal injury lawyer David Derfel tells – Source: Paul Russell, Contributor

Enforcing Smoking and Cannabis Rules in your Condo: Is There a Right to Enter a Unit?

Since recreational cannabis became legal, many condominium corporations have enacted rules to prohibit smoking tobacco and cannabis and cultivating cannabis plants in units. – Source: Danielle Swartz, Lash Condo Law. To get a copy of our helpful guide on Smoking and Cannabis in your condo, click here.

Banning pot not easy: Murray

Ontario landlords who want to ban tenants from smoking marijuana better check their existing lease agreements to see if it’s possible, Ottawa paralegal Amri Murray tells – Source: Paul Russell, Contributor

Cannabis legalization leads to uncertain times for landlords

The legalization of cannabis has left many landlords wondering what rights their tenants have when it comes to its use in rental properties, Toronto real estate lawyer Sarita Samaroo tells Canadian Real Estate Wealth Magazine.- Source: Tony Poland, Associate Editor