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Archive for 2016

The “5 Ws” of a Condo AGM

Fall is often a good time for condominium corporations to hold their annual general meeting (“AGM“) of owners. Owners are back home after the summer holidays and snowbirds have yet to migrate to warmer weather for the winter. My condominium should hold its first AGM in the next few months. People who are new to condo living may not fully understand what an […]

Defibrillators in Condominiums

One of the question we are increasingly being asked by our condominium clients is whether they should consider installing automated external heart defibrillators and, if so, what liability may be associated with the installation and use of such defibrillators. It is well-known that the steps taken in the minutes following a cardiac arrest may make a difference […]

Can Condo Directors be Sued for Conspiracy?

An interesting case came out of Toronto last week where the owner of three commercial condominium units commenced a claim against the condominium corporation and the directors personally, claiming conspiracy, nuisance and intentional economic interference.  This raises an interesting question: Can condo directors be found to be involved in a conspiracy when they take decisions as […]

The First Year in the Life of a Condominium Corporation

The first year of a condominium corporation is a big one. In addition to dealing with ongoing construction work, construction deficiencies and perhaps budgetary issues, the board of directors has to take important decisions in terms of management of the building and has to set the tone with the owners and residents. Depending on how the developer/declarant […]

Can a Condominium Corporation Prohibit the Display of the Canadian Flag?

With Canada Day just around the corner and important festivities expected to take place next year for the 150th anniversary of the Confederation, Canadian flags will start popping up everywhere and condominium corporations may be faced with situations where owners wish to display a flag in their windows or on their balcony. Many corporations already […]

Condos Do Not (Always) Have to Disclose Sewer Backups in their Status Certificate

In a recent Ottawa case, the court had to determine whether the condominium corporation was responsible for the damage caused by repeated sewer backups originating from common elements, which damaged an owner’s unit basement. As unfortunate as the situation was for this unit owner, ultimately the court found that the condominium corporation was not responsible […]

Condo Directors Have a Limited Right to Privacy

Last week, we blogged on whether owners are entitled to access the email address list of other owners.  Judging by the popularity of the blog, it seems that we struck a chord. One of our readers asked me to elaborate on how this right to privacy may apply to condo directors.  Are they entitled to have […]

Are Condo Owners Entitled to Access the Email Address List of Other Owners?

Condo corporations are increasingly asked to disclose to condo owners the email addresses of the other owners.  Indeed, a condo owner wishing to requisition a meeting of the owners or wishing to otherwise communicate with other owners finds email communications to be far more practical than having to mail a paper letter.  After all, since the corporation […]

Liens Are Not the Only Way for Condos to Collect Arrears

In case there was a doubt in anyone’s mind, registering and enforcing condominium liens is not the only method available to condominiums wishing to collect arrears. Indeed, in a recent case, the Court of Appeal confirmed that condominium corporations can also sue for unpaid common expenses, the same way any creditor could for an unpaid debt.  […]

The Limits of Democracy in Ontario Condos

We often think that democracy is the ultimate decision-making process in condominium corporations in Ontario. True, but it is not that simple. The first challenge to the general tenet that majority rules the governance of condominiums is that numerous decisions require a varying degree of approval from the owners. For instance: Quorum to hold an AGM is presently […]