Legal Chit-Chat for 1st Quarter 2020

If competence is the enemy of adversity, by all means get some, get some more from experts on condominium issues, organize it and use it.

You don’t realize it but in the next few minutes you’re going to learn that with a record quarter of 106 posts by 8 law firms (alphabetically listed) below with 48 articles (45.3%) related to COVID-19, it will keep you busy for at least 3.5 hours based on 2 minutes reading a post. 

COVID-19: City of Ottawa Enforcement Measures

Over past couple of days, the Ontario Government implemented additional measures under the Emergency Management and Civil Protection Act (“EMCPA”) to help stop the spread of COVID-19. These measures include restricting gatherings of more than 5 people and closing parks and equipment. Source: James Davidson, © 2017 Davidson Houle Allen LLP. Summary: Quarter post count – 34, Topics – CCI, insurance, second-hand smoke, Tarion, repair and maintenance chart, chargebacks, mould, water damage, pets, status certificate, CAT, common element modifications by owners, government feedback, ACMO, COVID-19 coronavirus condo related issues (18)

State of Emergency (COVID-19) Sample Policy

The following policy is a sample for assistance, reference and consideration. It may not be applicable to every corporation. Each corporation may determine that it may need different provisions, for example: Source: © 2015 Fine & Deo. Summary: Quarter post count – 5, Topics – insurance premiums, COVID-19 (2), liens, collection of arrears 

Flame-shifting – Extinguishing Fire Code Violations

The City of Toronto recently hired over 300 new fire inspectors, pledging to inspect every high-rise building in the city at least once a year.  The Fire Code adopts a broad definition of “owner”, and, as a result, the city may lay Fire Code charges against unit owners, condo corporations, property managers, management firms and directors for the same infraction.  However, there are a few precautionary steps condos can take to minimize exposure to a pesky Inspection Order or Notice of Violation. Source: Tony Bui, © 2020, Gardiner Miller Arnold LLP. Summary: Quarter post count – 2, Topics – Ontario electricity rebate, fire code violations

Top 10 List of COVID19 Precautions in Condos

We’ve all been swamped with an avalanche of blog posts and notices related to COVID-19 in condos.  There are so many of them it’s hard to keep up. To help you with this, we’re reviewed multiple posts and are providing, below, a Top-10 list of precautions corporations ought to have taken by now. Source: Rod Escayola, © 2020 Gowling WLG (Canada) LLP. Summary: Quarter post count – 22, Topics – condo forms, geek tasks, lien the cost of seeking compliance, imposing a Section-98 agreement, commencing lawsuits, insurance, COVID-19 coronavirus condo related issues (11) 

COVID-19 and Unavoidable Delays to Occupancy in Pre-construction Condominiums.

Although the Ontario government has deemed construction work and services an essential service, the closure of other non-essential services, and the government’s emphasis to keep physically distant, and work from home (where possible), will no doubt have an impact on the pace of the construction industry, including the occupancy of pre-construction condominiums. Source: Danielle Swartz, © 2017 Lash Condo Law. Summary: Quarter post count – 22, Topics – electronic voting, condo tasks, CAT, legal fee recovery, insurance, condo drawings, offers to settle in litigation, claims written notice, compliance application, value of condo committees, records requests, COVID-19 coronavirus condo related issues (10) 

Can Someone Enter My Condo Unit Without Permission?

There are many unique aspects of condominium living that do not necessarily align with the expectations of condominium owners. As discussed in a previous post, Condominium Culture Shock, condominium owners are often surprised by the powers that condominium corporations have which can impact their day-to-day lives. In fact, condo owners in Ontario should know that it is possible, under certain circumstances, for a condo corporation to access their unit without permission. Source: © 2020 by Merovitz Potechin LLP. Summary: Quarter post count – 1, Topics – unit entry permission

Can condo corporations prohibit short-term rentals during the COVID-19 pandemic?

We are now in a time of social distancing, self-isolation and quarantines.  Depending on how the COVID-19 pandemic progresses, there may be further and more stringent measures. Source: Caleb Edwards, © Miller Thomson LLP 2020. Summary: Quarter post count – 12, Topics – insurance premiums and deductibles, recovering compliance costs, Airbnb, oppression claims, run a condo board meeting, COVID-19 coronavirus condo related issues (6) 

Section 109: Court Amendments of the Declaration & Description

I appreciate that many of you might be feeling overwhelmed by all of the posts about COVID-19 lately. It is all we hear about and it is hard not to feel anxious about it sometimes. Today, we go back to normal. This post is about a recent court decision. Source: Michelle Kelly, © Robson Carpenter LLP. Summary: Quarter post count – 8, Topics – court amendments, condominium amalgamation, indemnity clauses, security cameras, Condominium Act, 1998 amendments, education opportunities, COVID-19

Have you noticed yet that maybe your neighbour down the hall doesn’t know as much as you are lead to think?

Knocks Your Socks Off in 1st Qtr 2020

If you’ve ever wondered what reading and information resources are available to property managers and owners then you have just found the best here.

For better or for worse, property managers conduct the marriage of persons to buildings and land. With owners hopping on and jumping off building and Board intermittently, someone needs to control the merry-go-round and provide a corporation with stable operations. Whack-a-mole! You’ll get unlimited knowledge of what you are paying for through the quarterly industry association PDF publication below.

Spring 2020 Issue

The condominium landscape across Ontario is growing. Responsibilities are multiplying. What does it take to be a successful condominium manager in 2020? Source: © 2020 ACMO – The Association of Condominium Managers of Ontario

Shock! Owners have access to an organization which provides networking for individuals and corporations to help build a sense of community, solve problems, advanced director training, and advice on condo issues of the day by participating legal experts. In the meantime, curiosity didn’t kill the cat after it read the quarterly PDF publication below. 

Winter 2019

The Canadian Condominium Institute is an independent, non-profit organization formed in 1982 with chapters throughout Canada, including a very active Toronto Chapter. Source: © 2020 CCI Toronto and Area Chapter

Don’t let procrastination, hesitation or fear stop you from growing a comprehensive understanding of a condominium community. Your property investment and lifestyle is not a laughing matter, is it?

Condos for Rent | Tenant Beware : Home or Problem? Vol 1.

Shelter Costs Increase

The rate of maximum rent increase for 2020 is based on the Ontario Consumer Price Index compiled by the Federal Government in Ottawa. The statistics are by province and national. The August cost increase in shelter year over year between the nation (2.4%) and Ontario (3.1%) is a 29% increase.

Condominium Corporations with a financial year (fiscal) beginning in January may already have their Boards of Directors directing property managers to keep condo fee increases reasonable in relation to current shelter costs.

For renters however, the province has set the year over year rent increase from 1.8% to 2.2% which is a difference of 22% and the largest since 2013. In the article below are the exceptions to the guidelines and a table of past increases.

Rent increase guideline

The guideline is the maximum a landlord can increase most tenants’ rent during a year without the approval of the Landlord and Tenant Board. Source: © Queen’s Printer for Ontario