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Year: 2015

How Will the “New Condo Act” Affect the Calling and Holding of AGMs?

As part of our review of the proposed changes to the Condominium Act, this post will focus on how Bill 106 would affect the calling and holding of condos annual general meetings (“AGMs”). Mandatory advance notices of AGMs If the Bill is adopted as drafted, the province of Ontario would require condominium corporations to provide […]

Condo Adviser Is Being Republished

We are happy to report that our post on the proposed amendments to the Ontario Condominium Act was picked up by the August Bulletin of the Vancouver Island Strata Owners Association (see page 6).  A far more comprehensive review of the proposed amendments to the Condominium Act can be viewed on Gowlings’ Knowledge Centre.  This article was […]

Federal Elections: What Are the Rules on Electoral Signs and Canvassing in Condos?

Federal elections are just around the corner. Blue, green, orange and red electoral signs will soon be popping everywhere and candidates will start canvassing their constituents. Boards and property managers will soon receive requests from candidates and their representatives wanting to access the property for canvassing purposes. More importantly, boards and property managers will have to deal […]

How to Remove a Condo Director Who Is Acting Unethically

We are often asked what can be done about a rogue director or about a director who acts unethically.  This question sometimes comes from other directors and often from dissatisfied owners.  The traditional way of removing a director is either to get elected in his/her place at the end of his/her term or to have the […]

Rights and Obligations of Condo Tenants: Owners’ Obligations when Leasing a Unit

One of the hot topic nowadays in the condominium industry pertains to tenants in condos, short-term leasing of units and Airbnb type of short-term rentals. In this post, and in more to follow, I will be blogging about the rights and obligations of condominium corporations, unit owners and tenants with respect to the leasing of […]

‘New Condo Act’: Tight Deadlines for Corporations to Adopt and Disclose Their Budget

In this installment on the changes Bill 106 may bring to the existing Condominium Act, we focus on the changes expected to affect how corporations adopt and disclose their yearly budgets. Bill 106 proposes to add an entire section on corporations’ budgets. This is new as the present Condominium Act is nearly silent on this question. […]

Police Cannot Snoop Around in Common Elements without a Warrant or Permission

In a criminal proceeding, the Ontario Court of Appeal recently rendered a decision which should be very interesting to condominium corporations. Basically, the courts had to determine whether police officers were authorized to enter the corporation’s common elements without invitation or warrant to conduct a criminal investigation. In this context, the Court had to answer the […]

Dog Evicted from Condominium Because the Occupant Failed to Prove Her Disability

Many condominium corporations have rules imposing weight restrictions on pets allowed in the condominium.  These restrictions often oppose occupants who wish to keep their pets and corporations who have a duty to enforce their governing documents.  This is exactly what happened in the recent court case Simcoe Condominium Corporation No. 89 v. Dominelli. Of particular interest in this case is […]

Cockroaches in Toronto, Bedbugs in Ottawa…

In the last 10 days, two court decisions came out dealing with bug infestations.  One out of Toronto and the other one out of Ottawa. It is interesting to compare how each corporation addressed the issue and how differently the judge addressed the issue of legal costs. The Toronto Case The first decision came out […]

‘New Condo Act’: Directors’ Qualifications and Disclosure Obligations

Bill 106 was introduced at Queen’s Park on May 27, 2015. If adopted, it will introduce sweeping changes to the governance and management of condominiums in Ontario.  Since the introduction of this Bill, we have been blogging on the proposed amendments.  In this post, we analyse what changes may be made to the qualifications and […]