Are You Serious? Volume 10.

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.

Martin Short and Friends Fight to Save Muskoka from Condos and Over-Development

Toronto cottagers heading to Muskoka these days might find tranquility a little harder to find. Proving still waters can run deep, cottagers and residents alike are protesting new multi-unit condominium projects around the lakes that have made the region famous. Source: Lisa Van de Ven, Storeys Publishing Inc.

14 Common Misconceptions About Condos

Today, we’re sharing 14 common misconceptions about owning a condominium: Source: the BREL Team | Toronto Realtors

Special Assessments in Condos: Insure Your Risk

At a recent annual general meeting, the owners were advised that their reserve fund was not properly funded over the years and repairs needed to be done to the roofs and parking garage in the very near future.  There was discussion around special assessments and how owners would be paying those amounts. Source: Denise Lash, Lash Condo Law

Home or Condo Unit Sharing Through Online Platforms

Short term tenancy or single family visitor? Single family use or multiple occupancy? Rooming house or boarding house? Commercial use? Condominium insurance issues?

Many of the issues listed above have been dealt with in a series of cases and were believed to have nailed down home sharing as akin to hotel use and therefore not in accordance with single family use restrictions common in condominium declarations. Source: John Deacon, Deacon, Spears, Fedson + Montizambert

What is a Section 98 Agreement?

In my last post, I wrote about section 98 of the Condominium Act, 1998, which permits owners to make changes to the common elements if: the board approves the proposed change; they enter into an agreement with the corporation; and notice is provided to all owners (if applicable). Today I’ll discuss the agreement in more detail. Source: Michelle Kelly, Robson Carpenter LLP

Have You Looked At Your Water Bill Lately?

We reported previously on the City’s new fee structure, cautioning that the new tiered approach might be bad news for condominiums (click here to access our previous blog). Source: Nicole Robinson, Davidson Houle Allen LLP 

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