Are You Serious? Volume 11.

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.

Don’t Get Caught; Be Ready for the Inspection

THERE ARE SEVEN THINGS that a manager needs to have to be compliant should an inspector from the Ministry of Labour randomly visit the site. These are: Source: Laura Lee, RCM, ACCI, CCP, Del Property Management, ACMO – Association of Condominium Managers of Ontario

Three Ways Boards Run Afoul of Their Statutory Duties

There are many duties the current Condominium Act (1998) requires directors to fulfill. Case law and experience suggest that there are certain duties that some boards and their directors tend to run afoul of or choose to ignore. Here are three common breaches and tips on how to avoid them:  Source: Sonja Hodis, Hodislaw

Federal Elections: Canvassing and Electoral Signs in Condos

And they’re off to the races !!

The prime minister has asked the Governor General to dissolve parliament, setting the stage for Canada next general election. Blue, green, orange and red electoral signs (we’ve listed them alphabetically) will soon be popping everywhere and candidates will start canvassing. In fact, two local candidates have already knocked on my door, soliciting my support. Source: Rod Escayola, Gowling WLG (Canada) LLP

Trespassing in Condos

Trespassing is an issue many condominiums have to address at some point in time. Maybe the condominium is located beside a local hangout, like a school, a mall, or a park. Maybe the common elements include features that attract people to the property, like railings for skateboarding or a large green space for tossing a football around. Source: Michelle Kelly, Robson Carpenter LLP

Back to Basics: What is a Common Element Condominium Corporation?

“Back to Basics” is a new series that will appear regularly and examine common, but rarely considered, issues. The option to create different types of condominium corporations was first introduced by the Condominium Act (the “Act”) in 1998. Once the Act came into force in 2001, developers had the option to create one of four alternate types of condominiums: Source: Justin McLarty, Miller Thomson LLP 

Condominium Culture Shock

Condominiums are marketed to the public as a “worry-free lifestyle” – no need to mow the lawn in the summer, no need to shovel snow in the winter, access to amenities, and a property manager to take care of everything in between. People are understandably drawn to the features of condominium living that increase convenience and shorten their to-do lists in today’s busy world. Source: Kelli-Anne Day, Merovitz Potechin LLP

Are You Serious? Volume 8.

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.

Classic Condo Living Mistakes

Many of the more than half of all Torontonians residing in condominiums are new to condo living.  Here are some of the more common mistakes made by newbies. Source: Toronto Condo News

Condominium Board of Directors: Friend or Foe?

I have been receiving many questions and complaints about the Board of Directors (the “Board”) of a number of condo corporations. The Board appears to be one of the most misunderstood entities and frankly when buying either a new or a resale condominium you need to understand the nature and powers of the Board, as it is the Board that will set the pattern, standards and rhythms of your condominium. Source: Jayson Schwarz LLM, Schwarz Law LLP

Managing Conflict in Condominiums

Conflict is an inescapable part of life, and it will occur in our role as Condominium Managers more often than many of us would like. Being proficient in conflict management is therefore an essential skill for any Condominium Manager to possess. Source: Craig McMillan, RCM, ACCI, CMCA, CAPM, Maple Ridge Community Management, ACMO

The implications of false fire alarms in condos

Once a fire alarm in a condominium is determined to be a false alarm, residents are likely to feel relief. After all, there is no real danger. However, for condo managers, a false fire alarm results in a slew of new issues. What happens when a fire alarm goes off at a condominium when no smoke or fire is present? Source: Kavita Sabharwal-Chomiuk, MediaEdge Communications Inc.

A Warning to Owners Leasing their Units

A recent case provides a warning to owners leasing their units. Briefly, the facts are as follows. A unit owner leased her unit to a tenant. The tenant “did not live harmoniously with his neighbours” and was in constant conflict with management. He sued the condominium for over $5,000,000. Source: Michelle Kelly, Robson Carpenter LLP

Homeowners back Airbnb as Toronto debates restrictions

A debate between the City of Toronto and those who oppose its tighter rules on short-term rentals began this week.

The City says that the proliferation of rentals through Airbnb and similar services has made Toronto’s housing crisis “significantly” worse and passed rules in 2018 to tackle the issue. Source: Steve Randall, Key Media Pty Ltd

Are You Serious? Volume 7.

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.

The Truth is Out There

Condo owners hope to elect conscientious directors to make good decisions on their behalf.  Once elected, some owners and residents attempt to influence these decisions in ways not always in the best interest of the community.  Condo directors may make decisions for personal gain or after relying on bad information. Source: Toronto Condo News Magazine

Assigning Responsibility for Remediating Mould

Repair and maintenance obligations are split between unit owners and the condominium corporation. The Condominium Act requires the corporation to maintain and repair the common elements. In general, unit owners are responsible for repairs to their own units and for damage they cause to the common elements. What happens, however, when you cannot be sure where the damage started?  Source: Caleb Edwards, Miller Thomson LLP

Condo unit owners not always king of the castle

A recent Ontario Superior Court decision highlights the restricted rights that condominium unit owners have to renovate compared with traditional freehold homeowners, says Toronto condominium lawyer Armand Conant. Source: AdvocateDaily.com Staff

Condo Vs Apartment: The Difference, Facts & Analysis

When it comes to settling in a place for living or basically, building a home, there are a number of options that one has to do so. An individual could opt for a standalone house in a less populated area, or, opt for a shared unit is a tower to have a budgeted living. Source: Jordan Scrinko, Precondo

Positive Developments For Housing Providers On Reasonable Accommodations

Two recent decisions of the Human Rights Tribunal are instructive for those in property management with respect to the duty to accommodate. Both cases involved physical modifications to residential complexes and include insight into: the procedural duty to accommodate; the substantive duty to accommodate; and, what is a reasonable accommodation. Source: Kristin Ley, Cohen Highley LLP Lawyers

Aging in Place – The Legal Issues

The changing demographics in condominiums raises a number of legal issues that condominium corporations, owners, directors and property managers must consider. Source: Sonja Hodis, Hodis Law