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Rod Escayola

Smoking Cannabis in Condos is Not a Protected Human Right

Only days before the legalization of cannabis, the Human Rights Commission of Ontario has issued a Policy Statement on Cannabis and the Human Rights Code.  This Policy Statement helps us understand how the Commission is likely to deal with cannabis-related competing rights in a condominium setting. There is No “Right” to Consume Recreational Cannabis in […]

Must Condos Grandfather Cannabis Smoking When Adopting a Rule?

As the entire country is counting down the days to the legalization of cannabis, many condos are adopting rules prohibiting cannabis smoking and growing in units. In many cases, condos also take this opportunity to address tobacco smoking. Invariably, we are asked whether condos are required to grandfather existing smokers when adopting such rules. This […]

What Happens if a Condo Directors does not Complete the Mandatory Training?

We were hoping you would not be asking that question. Who is opposed to apple pie? Ontario’s Condo Director Training is not only mandatory, its extremely useful, easy and free. But here it is, our post on what happens if a condo director fails to complete the required training within the set time. Requirements and […]

Privacy or Transparency in Condos: What Info Should your Neighbour Get About You?

We were  surprised by the response to our post on whether condo owners should be entitled to get the owners’ list and our post on whether owners should be able to inspect proxies.  There were definitely strongly held views. It makes for interesting conversation! At the end of the day, we identified three groups. The […]

Is this Condo Rule Legal?

A question we often get from our readers is whether a particular condo rule is valid. Naturally, we can’t answer specific questions without a thorough review of the rule in question but this post may help demystify what condo rules are about and how they are adopted. This post will also address two very common […]

Should Condo Owners be Allowed to Inspect Proxy Forms?

The Condominium Authority Tribunal was recently asked to rule on whether condo owners should be allowed to inspect unredacted copies of the proxy form used at an AGM. This was yet another case where the Tribunal attempted to balance privacy and transparency. Mini survey Before we summarize the case, tell us what you think.  Should owners be allowed […]

Corporations Must Act Fast When Condo Owners Requisition a Meeting of Owners

There is presently a fair bit of confusion with respect to how a special meeting of owners is requisitioned and called.  This is due, at least in part, to the fact that we are still in a transition period between the “old” and the “new” Condo Act.  In this post we explore the steps required […]

Survey your Owners Before you Adopt a Rule on Tobacco and Cannabis

  We have helped quite a few condominium corporations pass rules dealing with tobacco and cannabis.  Systematically, the single most important question faced by boards is: What rule would be acceptable to our owners?  For that reason, we have developed a tool which will allows you to get a timely and accurate reading on your […]

Should Condo Owners be Able to Get Information About Other Owners?

We are often asked whether condo owners are entitled to get the list of names and addresses of the other owners. Some feel that owners should be able to know who the other owners are and should be able to communicate with them.  Others are concerned that such disclosure may infringe on the privacy of […]

New Tribunal Rules on Owners Accessing Condominium Records

Six months after its inauguration, the Condo Administrative Tribunal is issuing its first decisions.  For now, the Tribunal’s jurisdiction is limited to disputes related to condominium records.  In this post, we explore what we can learn from the first 5 decisions of this new tribunal. The Condo Tribunal The Condo Authority Tribunal is a new […]