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Month: January 2015

Condo Directors Found in Contempt and Fined

In a recent decision, the Ontario Court of Appeal fined condominium directors for having breached a prior court order. This decision is the culmination of a 3-year legal saga over the landscape of a condominium courtyard. In 2011, the board had to remove the landscape outside of the complex to perform extensive repairs to the […]

Amending a Condominium Declaration Is Not an Easy Task

Condominiums and its owners are governed by the Condominium Act but also by the condominium’s governing documents.  These governing documents (the declaration, the by-laws and the rules) are part of hierarchy of internal governing documents, with the declaration on top of the pyramid, followed by the by-laws and with the rules at the bottom. Because […]

Condo’s Obligations Under the Occupational Health and Safety Act

As of July 1st, 2014, all condominium corporations in Ontario who employ “workers” (superintendants, cleaners or other clerical staff…) will have to ensure that their workers complete a basic occupational health and safety awareness training program that meets the requirements of Regulation 297/13, adopted under the Occupational Health and Safety Act (OHSA). This regulation requires […]

Requiring Mandatory Qualifications for Condominium Managers

On July 18, 2013, the Ontario Ministry of Consumer Services issued a news release confirming that Ontario is working to introduce mandatory qualifications for condominium managers. This is the first of several anticipated changes resulting from the province’s Condominium Act Review to help increase protections for condominium owners, tenants, and buyers. The news release reads: […]

How Can Condo Directors Avoid Personal Liability?

We have, in the recent past, blogged about the Boily case.  In this Ottawa case, a board of directors was found to be in contempt of court and was ordered to personally pay in excess of $96,000 in legal costs. Many have asked for an update on this matter and for advice on how directors can protect themselves against […]

Directors Found to Be in Contempt Ordered to Pay $96,000 in Legal Fees

We previously blogged about the Boily case involving a dispute between some owners and the directors of a Condominium complex in Ottawa. This dispute revolved around the proposed alteration of the condominium’s courtyard. Last March, a judge found the corporation and the directors in contempt of a prior court order and ordered them, for a […]

Special Assessments: The Board Has The Final Word

Sometimes a board of directors has no choice but to levy a special assessment in order to proceed with necessary work, maintenance or repairs. Such a decision is rarely well-received by owners, who will most likely question the rationale of the decision and the board’s management of the condominium’s affairs. Even if owners agree that […]

Noise Complaints in Condos: The Perils of Failing to Enforce Condo Rules

Property managers and condominium corporations should take noise complaints seriously or risk facing serious financial consequences. In a recent case, a condominium corporation that failed to enforce its rules prohibiting excessive noise was ordered to compensate an owner for the costs incurred to find alternative accommodation and was ordered to pay a significant costs award. […]

Who Is Responsible to Repair and Pay for Flood Damage in a Condominium Unit?

There is a great deal of confusion surrounding who is responsible to repair a condominium unit after damage. Naturally, many elements have to be considered such as whether the incident is an insurable one; whether the occupants are at fault; whether the damage is limited to one unit, to the common elements or whether many […]

Should Violent Condo Owners Be Forced To Sell And Leave?

In a recent decision, the Superior Court of Justice was once again asked to determine whether a condominium owner should be forced to move out and sell her unit as a result of her violent and inappropriate conduct towards other owners. The evidence presented in the case showed that Ms. Hayes had committed no less […]