Editor
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 […]
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 […]
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 […]
Employers Must Display Employment Standard Information
To ensure that employers understand their obligations and that employees know their rights, the Ontario Minister of Labour has published an Employment Standards Poster entitled “Employment Standards in Ontario”. If your condominium corporation has employees (such as a Superintendent or cleaning staff), it is required to post and distribute this poster. The poster describes important rights […]
Can Condo Board Meetings Be Held Electronically?
With today’s technology, it is very easy for anyone to participate in meetings by telephonic, electronic or other communication means. We are often asked by condo directors whether it is possible to hold their board meetings electronically as opposed to having in-person meetings. The answer is yes, provided that the following conditions are respected. Section 35(5) of the Condominium […]
Failing to Repair and Maintain Common Elements Can Amount to Oppression
In a case released this week, an Ontario court concluded that it is sometimes insufficient for condominiums to simply investigate and passively attempt to resolve problems with common elements. In Wu v. Peel Condominium Corporation No. 245 the court concluded that the condominium’s delays and failure to address the source of excessive noise and vibration emanating from the […]
A Director Should Not Act Against the Rest of the Board
Last week, the court rendered a lengthy decision in the Ballingall matter. In this court case, we represented a group of unit owners who successfully enforced the “single family” provision found in the corporation’s declaration. Our previous post on this case focused on how the court enforced the condo’s single-family provision. This post will focus on the court’s […]
Pet Eviction: A Tenant Does Not Have More Rights Than an Owner
The Residential and Tenancies Act, 2006 is the legislation presently applying to landlords and tenants. It provides that “[a] provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.” Consequently, a landlord cannot prevent a tenant from having a pet. However, what does that mean for condominium corporations? Can […]