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?

Your One-Stop Source For Legal Advice

The hidden truth about searching for and posting links to every article found of possible interest to condo owners and tenants is it’s extremely time consuming.

Within minutes from now you’ll discover the new quarterly approach to feature only active law firms providing intelligence to condominiums during the 4th quarter of 2019. The last article for the quarter is shown only. At the end of each post there is usually a link to any prior article and in some cases to the next one. Hold the secret weapon of multiple issues raised and education provided that is aimed at everyone. Pull the trigger. Explore the following: 

Top Condo Lessons of 2019

As 2020 approaches I find myself reflecting on the most important news, cases, and events from this past year. There were several notable decisions released this year and a few that I’m sure we would all like to forget! The hardest part of these lists is selecting only ten to speak about. Here is my list of the top ten condo lessons for 2019: Source: Michelle Kelly, Robson Carpenter LLP

The Condo Director Who Stole Christmas

As we approach year end and embark on our collective mad-dash towards the holidays, we thought we’d revisit a Christmas classic and adapt it to the condo world. Here’s our last post of the year; our Condo Christmas Story. Source: Rodrigue Escayola, © 2019 Gowling WLG (Canada) LLP

2019 in Review – What to expect in 2020

Our favourite Court decisions from 2019. Source: Mohiminol Khandaker, Davidson Houle Allen LLP Condominium Law

Condo Owners Prohibited from Smoking on Balcony

In a recent case before the Ontario Superior Court of Justice, WCC No. 31 v. Silberberg et al, a condominium corporation obtained an order prohibiting the unit owners, Mr. and Mrs. Silberberg, from smoking on their balcony in contravention of the condominium rules. Source: Denise Lash, Lash Condo Law

Privacy Rights and Security Cameras in Condominiums

In a decision released on December 2, 2019, the Court of Appeal for Ontario has confirmed that condominium corporations cannot allow the police to place hidden cameras in common areas without a warrant.  The case is an interesting read in respect of balancing the privacy expectations of residents with effective property management. Source: Jennifer Malchuk, © 2015 Fine & Deo

Condos can impose reasonable pet bans

Condo corporations may lawfully ban pets in certain circumstances, says Toronto condominium and commercial litigator Megan Mackey. Global News recently reported on a campaign by residents of two Toronto condo buildings seeking to overturn their board’s recently introduced ban on pets. Source: Megan Mackey, Shibley Righton LLP

Make the most of this post even though it is so late. Expect the next article to be more timely.