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.
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
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
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
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, AdvocateDaily.com Contributor
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
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