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Archive for 2016

The “Airbnb” Decision is Out

Earlier this month, we blogged about what became known as the “Airbnb decision”. The decision, OCSCC 961 v. Menzies, is now reported and can finally be accessed online. You will recall that this decision dealt with the case of an owner who very successfully leased out his condo unit on short-term basis on sites such as Airbnb. Such […]

A Canadian Christmas Story: Remembering the Battle of Ortona

At this time of the year, when many of us gather with friends and family to share a meal and celebrate, the Condo Adviser would like to share this Canadian Christmas story.  It has nothing to do with condos, case law or legislation. It’s a little unknown page of our history which took place on […]

Regulations Under the Legislation to Regulate Condo Managers Are Out For Consultation!

The Ministry of Government and Consumer Services has posted today a draft of the first set of proposed regulations to be adopted under the new Condo Management Services Act. This Act is the legislation which will regulate and provide for the licensing of Condo Managers in Ontario. For those who want to have a look at what […]

Airbnb Is Incompatible with The “Single Family Use” Provision of Most Condo Declarations

With the growing interest in the “sharing economy”, Airbnb and other short-term rental websites are often causing headaches within condominium communities across the province and beyond. In many cases, condominium corporations have had to adopt rules to attempt to regulate the leasing and occupancy of units within their complex. While useful, these rules may have […]

Can Condo Owners Lease Out Their Parking Space?

CBC news recently reported on a Uber-style app that connects drivers looking for parking with people who want to lease their parking space. The article warned that the City of Ottawa zoning by-law does not allow the rental of residential driveways – unless the rental is directly associated with the lease of the dwelling itself (meaning […]

How Much Time Does a Condo Have to Register a Lien? (Part 2)

In Ontario, condominium corporations can register liens against the unit of an owner who defaults in paying his or her common expenses. Once the lien is registered, it grants the condominium priority over the mortgage.  This very powerful tool to collect arrears. A lien expires if it’s not registered within 3 months of when the default […]

Condominium Declaration, By-laws and Rules: What’s the Difference?

I was speaking this weekend at a Condominium Director’s Course given by CCI-Eastern Ontario. One of the participants asked me to explain the differences between a condominium declaration, by-laws and rules.  While the more seasoned condominium directors have become familiar with these documents, many first-time directors may be puzzled by the differences between them.  In fact, […]

Register You Condo Lien Early or Risk Losing It

Timely collection of common expenses by condominium corporations is essential to the safeguard of their financial viability.  For this reason, the Condominium Act permits condominiums to register liens against the unit of owners who are in default of paying their common expenses.  Once registered, the lien has priority over mortgages. However, to benefit from this […]

Courts Will Protect Condo Board Decisions… made in good faith

You may recall our blog on an Ottawa case opposing a mixed-use condominium corporation to the owner of a public parking business within this corporation. The Court of appeal reversed the original decision and concluded that condo board decisions taken in good faith should be shown deference and will not likely be set aside by […]

First-Year Deficit of a Condominium Corporation

One of the first challenges of a new condominium board of directors is the survival of the first fiscal year on a budget set by the builder. When there is a shortfall between this first-year budget and the actual operating expenses incurred by the corporation during that first year, condominium corporations can turn to the declarant. First […]