Month: July 2015
How to Remove a Condo Director Who Is Acting Unethically
We are often asked what can be done about a rogue director or about a director who acts unethically. This question sometimes comes from other directors and often from dissatisfied owners. The traditional way of removing a director is either to get elected in his/her place at the end of his/her term or to have the […]
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 […]
‘New Condo Act’: Tight Deadlines for Corporations to Adopt and Disclose Their Budget
In this installment on the changes Bill 106 may bring to the existing Condominium Act, we focus on the changes expected to affect how corporations adopt and disclose their yearly budgets. Bill 106 proposes to add an entire section on corporations’ budgets. This is new as the present Condominium Act is nearly silent on this question. […]
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 […]
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 […]