Condominium Law Practices Chit-Chat – Qtr4/20 | Condo Mania

Last Update: October 24, 2020

Condominium law firms are talking COVID issues, AGMs and changes to the Condominium Authority Tribunal (CAT) to start the quarter.

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

Welcome to the field of Ontario condominium real estate law practices in my condo home library, the Condorary.

Which law firms of lawyers shine brilliantly by open engagement in education of condominium property managers and unit owners through organizations such as the Association of Condominium Managers of Ontario (ACMO) and the Canadian Condominium Institute (CCI) regional chapters in the province. Perhaps in other ways committed to assisting current and future clients in solving their problems?

Are there other legal stars in the provincial constellation? Just like a shooting star in the night sky, a few will wink in and out of here at hyper-warp speed while countless others remain pinpoints of faint light to find and trust by searching elsewhere.

The fourth quarter consists of 21 posts so far (written & recorded) by 10 law firms alphabetically listed below. Who else has an interest in registering for a live podcast or webinar to ask questions? Visit the websites of the legal professionals who offer them for the date and time of their next scheduled event.

How To Use  Access to any law practice is formatted as follows: Click on the title of their article to arrive at the latest post on their blog or article collection. Click on the law firm name to go to their website. Click on an editorial selected article of interest by author for the actual post.

Davidson Houle Allen LLP  – Ottawa

The Theory of Reserve Fund Planning – A Primer  Section 94 of Ontario’s Condominium Act (the Act) describes the obligation of every condominium corporation to prepare and implement a new reserve fund plan following each reserve fund study. And the Act says that the reserve fund plan is to be prepared so as to result in a fund that is adequate “within a prescribed period of time and in accordance with the prescribed requirements”. What exactly does this mean?

Source: James Davidson, © 2017 Davidson Houle Allen LLP 

Real estate law firm’s quarter post count – 08, podcast – 1 :

By Melissa Andrews, Associate

Virtual meeting deadline extended for condominiums! – October 02

By James Davidson, Partner

The theory of Reserve Fund planning – a primer – October 20

A little bit of guidance respecting minutes – October 15

An update respecting gymnasiums – October 13

Solicitor – Client privilege – another piece of the puzzle – October 08

Court upholds corporation’s COVID-19 policy – September 11

Chargebacks for enforcement costs – a further piece of the puzzle – September 08

Recent court decision again confirms repair and maintenance mandate of the board – August 04

 
By Emily Deng, Associate

Return to a “Modified” Stage 2: What does this mean for condo AGMs? October 09

By Mohiminol Khandaker, Articling Student

Changes to the CAT’s jurisdiction now in effect – October 02

Reduced gathering limits – what about AGMs? – September 21

City of Kingston restricts large gatherings downtown and requires face coverings to be worn in multi-unit residential buildings – September 18

Ontario government changes limits for indoor and outdoor private gatherings – September 17

City of Ottawa may soon make masks mandatory – August 25

Solicitor-client privilege and records: a reminder – August 12

Two more condo act forms to be delegated to the CAO – August 03

 

Podcast

Episode 6 – A quick update on COVID-19 issues at Ontario Condominiums Condopedia

Our firm's most recently minted lawyer, Mo Khandaker, speaks with David about some latest developments on COVID-19 issues at condominiums. Mo is one of our resident experts on COVID-19 related condo issues. The two predominant topics are: what to do with amenities and dealing with owners meetings. You can find more info on Mo here: https://davidsoncondolaw.ca/lawyers/mohiminol-khandaker/
  1. Episode 6 – A quick update on COVID-19 issues at Ontario Condominiums
  2. Its all about Sharing – A brief history and overview of Ontario Condominium Law with Jim Davidson
  3. Episode 4 – Conducting Virtual Meetings during these physical distancing times

The Davidson Houle Allen Video Library contains podcasts converted to videos.

Elia Associates Professional Corporation – Oakville, Barrie, Toronto, Ottawa 

Why The CAT Should Award Legal Costs, Part 3 As we pointed out in our 2 previous articles (here and here), the Condominium Authority Tribunal of Ontario (the “CAT”) should be awarding legal costs to parties when they are successful in their litigation.  Since Condominium Managers should not be representing their condominium corporation clients at the CAT, that role either falls upon the Board members or the condominium’s legal counsel.

Source: Victor Yee © Elia Associates Professional Corporation

Real estate lawyers quarter post count – 1, videos 1 :

By Elia Associates

COVID-19 Bulletin No. 28: Return to a “modified” Stage 2 – October 13

By Victor Yee

New claws for the CAT: pets, vehicles, parking, and storage (a.k.a. why the CAT must award legal costs) – October 01

Why the Cat should award legal costs, Part 3 – September 17

Webinar

For webinar enthusiasts, check out the Condowise series of videos.

October 02

Fogler, Rubinoff  LLP – Toronto 

Expanded Jurisdiction for CAT – Parking, Pets, Storage – Starting October 1, 2020 On August 26, 2020, the Ontario government announced that changes to expand the jurisdiction of the Condominium Authority Tribunal (the “CAT”) will come into effect on October 1, 2020

Source: © David E. Thiel, Fogler, Rubinoff LLP

Real estate lawyers quarter post count – 0 :

By David E Thiel, Partner

Expanded jurisdiction for CAT – parking, pets, storage – starting October 1, 2020 – August 27

Gardiner Miller Arnold LLP – Toronto

Section 92 Charge-back Checklist In Beswick v. YRCC 1175, the court held that a condo should not have made exterior interlock and pavement repairs to townhouse exclusive-use common elements without first providing reasonable notice of the expected cost of such proposed repairs to the townhouse unit owners.

Source: Bob Gardiner, © 2020, Gardiner Miller Arnold LLP

Condominium law firm’s quarter post count – 0 :

By Tony Bui

Amlani and indemnity provisions – All bark, no bite? Not quite
     – September 21

By Andrea Lusk

COVID policy upheld, oppression lessons and “welcome” expanded CAT – September 30

By Andrea Lusk, Bob Gardiner, An Nguyen, Tony Bui

Considerations on the proposed “Condo Guide” – August 07

By An Nguyen, Associate

Mandatory registration for short-term rental operators aids condo enforcement – August 31

Re-opening amenities – is signing a waiver enough? – August 17

Gowling WLG (Canada) LLP – Kitchener-Waterloo, Toronto, Ottawa

Possible Protection for Condos Who Make Best Efforts to Follow COVID Regulations Ontario has announced today that it will introduce a piece of legislation which, if passed, will provide protection for workers, volunteers and organizations that make an honest effort to follow public health guidelines and laws relating to exposure to COVID-19.

Source: Rodrigue Escayola, © 2020 Gowling WLG (Canada) LLP 

Real estate lawyers quarter post count – 06, Videos -1 :

By Rodrigue Escayola, Partner

Possible protection for condos who make best efforts to follow COVID regulations – October 20

Condo pools (and libraries) under Ontario’s modified Stage 2 – October 15

Must condos close their gyms under Ontario’s modified Stage 2? – October 13

Ontario rolling back to Stage 2: closing gyms and conference centres – October 09

Province regulates face masks and meeting limits in condos October 05

Do social gathering limits apply to Condo AGMs? – September 21

New cap on AGM size as Ontario rolls back limits on social gatherings – September 17

Deadlines to hold your AGMs – book them now! – September 16

Condo tribunal expands jurisdiction to deal with pets, parking, lockers and chargebacks – August 26

Mandatory masks in condos: is Ottawa next in line? – August 24

Ontario further eases gym restrictions – August 14

Condos must act reasonably or face litigation cost – August 06

By Graeme Macpherson, Associate

Ontario extends the period allowing virtual AGMs, electronic notifications and remote board meetingsOctober 01

Mandatory registration for short-term rentals (in Toronto) – September 10

Tenants ordered to pay a condo’s compliance legal fees – August 19

By David Plotkin, Associate

Back to basics: adopting a condo bylaw – August 13

Video

with Rodrique Escayola, October 07

Visit the Gowling WLG Video Library of international content which also contains information about other aspects of law.

Horlick Levitt Di Lella LLP – North York 

COVID-19 & Residential Tenancy Law in Toronto COVID-19 has quickly circled the globe and is causing havoc across the planet. The flu spread through China, Europe and now has hit the United States. Here in Canada, the virus has started to spread in several provinces, and non-essential businesses have begun to shut their doors. Employment insurance applications are in the millions, and hundreds of thousands of Canadians are already facing down rent and bills they might not be able to pay.

Source: Horlick Levitt Di Lella LLP 

Condominium law firm’s quarter post count – 0, Video – 3 :



with Brian Horlick, October 21
with Bradley Chaplick, October 14
with Brian Horlick, October 07

Video and Webinar

The HLD Lawyers Video Library contains case law videos and recorded webinars. Forget Netflix. Participants’ law questions are answered along with other insights.

Lash Condo Law – Toronto

Chairing a Condo Virtual Meeting Many condominium corporations have now had their first virtual meeting and after experiencing the process, are seeing some of the benefits of using technology for conducting owners meetings.  We expect to see the continuation of virtual meetings and electronic voting as the “preferred” way to hold owners meetings, even once the pandemic is over.

Source: Denise Lash, © 2017 Lash Condo Law 

Condominium law firm’s quarter post count – 03 :

By Denise Lash

Chairing a condo virtual meeting – October 20

Second wave COVID-19 – condo corporation steps – October 04

 Virtual meetings and electronic voting – extended until May 31, 2021 – October 02

Ministry announcement – condo AGM’s, virtual meetings and consent to e-notices  – September

Condo hybrid meetings – August

Virtual AGM’s and owners meetings – how does voting work? – August

By Josh Milgrom

New cap on gatherings – what it means for condos – September 17

Condo COVID-19 policy upheld by court – September

By Natalia Polis

Attention all short-term rental operators – September

By Joseph Salmon

Expansion of disputes at Condominium Authority Tribunal – fresh off the press! – August

Merovitz Potechin LLP – Ottawa 

Updated Repair and Warranty Deadlines for New Home Builders and Buyers On July 6, 2020, Tarion announced the reinstatement of certain statutory timelines that had previously been suspended pursuant to Ontario’s Emergency Order. Builders and buyers should take note that the following rules will apply to builder repairs, warranty submission timelines, and requests for conciliations.

Source: Frank Bourgault © 2020 by Merovitz Potechin LLP.

Real estate lawyers quarter post count – 0 :

By Frank Bourgault, Associate

Updated repair and warranty deadlines for new home builders and buyers – August 18

Miller Thomson LLP – London, Kitchener-Waterloo, Guelph, Toronto, Vaughan, Markham 

Condo Amenities Reopening  As the Province of Ontario continues to allow for “new” types of activities to resume, many condo Boards are considering what amenities can be reopened and, perhaps more importantly, what procedures and safeguards can be put in place to protect both their residents and the condo corporation itself.

Source: Justin McLarty © Miller Thomson LLP  2020 

Real estate lawyers quarter post count – 0 :

By Justin McLarty, Associate

Condo amenities reopening – August 20

Robson Carpenter LLP – Ayr, Kitchener-Waterloo, Toronto 

Condo COVID Q & A We are still receiving dozens of questions about COVID each week, ranging from how to host meetings to how to reduce potential liabilities. It looks like COVID is here to stay for a while, so we thought that we would provide some answers to the most common questions from our condominium clients.

Source: Michelle Kelly, © Robson Carpenter LLP

Real estate lawyers quarter post count – 03 :

By Daniel Brockenshire, Associate

Electricity providers’ requirement for a security deposit – August 04

By Michelle Kelley, Associate

CCI Grand River chapter’s first virtual conference is coming up! – October 22

Virtual or In-Person meetings during a pandemic: which is best? – October 13


The Condo Authority Tribunal (CAT) hears new matters starting today?October 01

Condo COVID Q & A – September 28

Government will not provide further extension to deadlines to hold AGMs – September 10

The Cat is growing – September 08

Warning! At capacity for 2020 August 12

  Condominium Law Practices Chit-Chat – Qtr3/20

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