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

Are You Serious? Volume 1.

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.

Condo Corporation Record Requests- Condo Authority Tribunal Decision

What does a condo corporation do when an owner continues to make a multitude of requests for documentation that are not “records” of the condo corporation. Source: Natalia Polis, Lash Condo Law

Know Your Rights as a Landlord in Ontario

Real estate has long held a reputation as being a prime investment vehicle, with rental properties serving as a key subsidiary in the investment class. Source: Horlick Levitt Di Lella LLP

Introduction to condominiums: FAQs

Uncertainty abounds when it comes to condominium living – even as its popularity increases , says Mississauga real estate lawyer Jia Junaid. Source: Staff

Litigants May Only Have One Kick at the Can!

The case of Sajadi v. MTCC 648, 2019 HRTO 641, is a good reminder that parties may only have one kick at the can when litigating human rights issues. Source: Francesco Deo, Fine & Deo

Fight Fire With Fire: Seeking Court Orders to Amend the Declaration

A condominium corporation recently brought an application to the court for an order amending its declaration. The application was brought under section 109 of the Condominium Act, 1998, which allows the court to amend the declaration for a condominium where it is “necessary or desirable to correct an error or inconsistency that appears in the declaration….or that arises out of the carrying out of the intent and purpose of the declaration.”  Source: Michelle Kelly, Robson Carpenter LLP

Brought Back from the Dead: Planning for Overdoses and Heart Attacks

A June 2019 Government of Canada report describes a disturbing trend of rising opioid-related deaths in Canada, a situation it called an opioid crisis. Source: Jason Rivait, Miller Thompson LLP 

Managers Soliciting Proxies: Do’s and Don’ts

Despite the province’s vailant efforts, proxies continue to cause confusion and to foster distrust. One of the questions we’re often asked is whether it is proper to encourage owners to return their proxies to management? If not, who should the proxy be handed to? Source: Rodrique Escayola, Gowling WLG (Canada) LLP

When Are My Condo “Rights” Wrong?

Depends on how one handles their responsibilities in the condo Corporation and regarding society as a whole.

Living in a condo is not the same as renting an apartment or owning a house. With an apartment, there are rules to follow in the building but are less than a condominium which implies more freedom to do as one pleases. With a private residence one can do whatever one can get away with. In a condo Corporation there is a novel concept of sharing and responsibility which most people need to adjust to.

When Frank Sinatra crooned “I Did It My Way” was the condominium concept around at that time? It was when Baha Men frolicked with “Who Let The Dogs Out” and rapper Drake sang “God’s Plan”.

So what are your Rights in a condo? Click on this link.

What are your Rights in society? Click on this link

Sources: Condo Authority of Ontario CAO, Ontario Human Rights Commission