Compliance
Condos Must Act Reasonably When Imposing a Section-98 Agreement
As we have posted time and time again, it is very important for condo corporations to treat owners reasonably and fairly. This is true even when the condo is acting to fulfill its requirements under the Condominium Act. The Court of Appeal recently released a decision that reflects on this important aspect of corporate governance, Noguera v MCC […]
Condos Must Act Reasonably When Seeking Compliance
Well, loyal readers, it looks like the most recent Superior Court decision, Amlani v YCC 473 has caused quite a stir in the Condo blogosphere. Our last post on this decision concluded that Condos Cannot Lien the Cost of Seeking Compliance. Some of our esteemed colleagues have since agreed with our take that costs for compliance can never […]
Condos Cannot Lien the Cost of Seeking Compliance
A recent Toronto decision (Amlani v. YCC 473) has made it far more difficult for condo corporations to get indemnified when seeking compliance from owners. The decision is also a friendly reminder for condo corporations to act reasonably and to prefer resolution over litigation. Facts of the case The facts are complex but can be […]
Condo’s Legal Bills Sent to be Assessed
A recent court decision, Temedio v NNCC No. 6, reminds condominium corporation to be reasonable and measured when enforcing their rules and warns against excessive legal fees charged to owners. This case, provides some useful insight into the situation that unfortunately, many owners find themselves in: being asked to pay their condominium’s legal bills when they breach the rules. […]
Court Orders Owner to Enter into a Section 98 Agreement
In my last post, I blogged about a case where the court sided with the owners after having found that the condo corporation treated them unfairly in the context of a dispute involving modifications to common elements. Again, in Durham Condominium Corporation No. 43 v. Bradley, the court had to deal with a dispute involving […]
Strict Deadlines to Register Condo Liens when Collecting on Judgments
The Ontario Court of Appeal reiterated that the 3-month deadline to register a condo lien is a strict one. Failure to act in a timely manner will result in the lien being lost. This is true, not only when dealing with monthly arrears but also when collecting on a judgment. Background This matter initially involved […]
Will Toronto’s Proposed Airbnb Regulation Help Condos?
Last week, Toronto’s Executive Committee approved a draft plan to regulate Airbnb. Amongst important changes, Toronto proposes the creation of a new zoning by-law and the adoption of new licensing and registration requirements. It also proposed to limit short-term rentals to principal residences. Will this help condos regulate short-term rentals? What is Airbnb? Airbnb and other […]
Can Condos Prohibit the Display of Canadian Flags?
With Canada Day just around the corner and important festivities expected to take place this year for the 150th anniversary of the Confederation, Canadian flags will start popping up everywhere. How are condominiums to deal with requests from owners wishing to display their maple leaf pride? The Great Flag Debate First, a little history. In […]
Condo Anarchy or Owner Apathy? 10 Tips to Improve the Lives of Condo Owners
Condo democracy has had a fair bit of bad press recently. Vote rigging, fraudulent proxies and director collusion made headlines in May. But is it really all gloom and doom in condos under Ontario skies? In this post, we provide 10 tips to improve condo governance and reduce frustration associated with condo living. Recent media […]
Airbnb in Condos: Focus on British Columbia
As in Ontario and many other jurisdictions, Airbnb and similar short-term leasing web-based services are big business in British Columbia. While some condo communities have embraced Airbnbs, requiring owners to provide guest information to the concierge and charging user fees to pay for increased security, etc., other condo communities which are not suited to this […]