Compliance
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 […]
Condo Corporations Owe a Fiduciary Duty to Owners in Breach of the Rules
This is the recent story of an Ottawa condominium corporation who brought a compliance application against the occupant of a unit. Unfortunately for the corporation, when came the time to rule on legal costs, the corporation was reminded that it must consider and balance the interests of all owners… even those in breach of the rules. Facts of […]
Ottawa Condominium Ordered to Allow Pay-and-Display Parking
In a recent Ottawa decision**, the court confirmed again that condominium corporations must be careful to properly balance the interests of all owners – even the sole commercial owner. This case opposed the interests of a parking operator who wished to operate a parking business permitted in the condo’s declaration and the residential owners who felt such a […]
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, […]
Deadline to Install Carbon Monoxide Alarms in Condominiums
Time is running out. By October 15, carbon monoxide alarms will be required near all sleeping areas in Ontario’s residential homes with a fuel-burning appliance or fireplace or which are adjacent to a service room with such appliances or adjacent to a garage. Condominium corporations (as opposed to unit owners) are likely ultimately responsible for the installation, testing and maintenance […]
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 […]
Cockroaches in Toronto, Bedbugs in Ottawa…
In the last 10 days, two court decisions came out dealing with bug infestations. One out of Toronto and the other one out of Ottawa. It is interesting to compare how each corporation addressed the issue and how differently the judge addressed the issue of legal costs. The Toronto Case The first decision came out […]
What to Do When AirBNB Moves into Your Condominium Complex?
Many condominium corporations have had to struggle with owners (or occupants) leasing their units on short-term basis, through AirBNB or other similar short-term rental organizations. These kinds of rentals increase traffic and the burden on the rest of the condominium community, while reducing the safety and security of all. This post aims at providing corporations […]
Condominiums Have an Obligation to Prevent Smoking in Common Areas
Also read our more recent blog post: Changes to the Smoke-free Act Affecting Condos. Earlier this year, the province of Ontario prohibited smoking on patios of restaurants and bars. We already blogged on whether this new prohibition prevented smoking on exclusive-use balconies in condominiums. While this recent change in the legislation does not appear to […]
Can Condos Prohibit Smoking on Balconies?
Also read our more recent blog post (Oct. 2018): Changes to the Smoke-Free Act Affecting Condos. As part of the province’s Smoke-Free Ontario Strategy, Ontario has taken a further step towards a smoke-free Ontario. As of January 1st, 2015, it is illegal to smoke on or around children’s playgrounds, publicly owned sports fields/surfaces and all bar […]