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Jocelyn Duquette

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 […]

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 Loses Priority Over $1.3M With Directors Failing to Pay their Condo Fees and Falsifying Status Certificates

We recently blogged on how to ensure condo fees are paid before the mortgage in cases of default and we explained the importance of complying with the strict deadlines and notices imposed by the Condominium Act, 1998 (the “Act”). The recent case of Trez v. Wynford reminds us that the same is true even when condo directors are the ones in […]

Marijuana Grow-Op Must Pay for Excessive Water Usage in Condo

The declaration of a condominium corporation must confirm the proportions in which owners are to contribute towards the common expenses of the corporation. This statement is usually expressed in the declaration in a percentages allocated to each unit. Although an owner is generally only responsible for his or her specific share of the total common expenses, in certain circumstances, […]

Dog in Breach of Rules Ends up Costing a Lot to Its Owner

I wrote about “Peaches”, an “overweight” dog who was permanently evicted from the condominium corporation because the occupants failed to prove that Ms. Labranche had a disability requiring her to have this specific dog.  The fact of the matter is that the dog exceeded the 25-pound weight restriction imposed by the condominium’s rules. Since then, the […]

Rights and Obligations of Condo Tenants: Compliance with the Condominium Act and Governing Documents

My previous post dealing with the rights and obligations of condo tenants focused on owner’s obligations when leasing a unit. In this post, I will deal with compliance issues and in particular with the tenant’s obligation to comply with the Condominium Act and with the condominium’s governing documents. Indeed, both owners and tenants must comply with the Condominium Act as well as the corporation’s declaration, […]

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

It is now official: on Sunday Prime Minister Harper attended Rideau Hall and asked the Governor General to dissolve Parliament and set a general election date for October 19, 2015. 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 […]

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 […]