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Year: 2016

Joint Use Agreements: Who Pays for the Share of a Condominium Which Never Gets Developed?

Condominium projects are often built in phases, with a single developer dividing a parcel of land between various corporations, some of them only to be created in the future. In these kinds of developments, the corporations-to-be will often be expected to share various facilities (such as roadways, garages, gardens, pools and other facilities). In such […]

Regulations Applicable to Condominium Pools

All condominium pools in Ontario are considered public pools and are regulated under the Health Protection and Promotion Act, unless the condominium corporation has less than 5 units or the pool is less than 0.75 metres in depth. The following is only an overview of some of the important points to keep in mind when […]

Can Your Condo Prohibit Firearms on Common Property?

I recently stumbled upon an interesting blog out of Florida, where the author discussed whether a Community Association can prohibit firearms on common areas. The author discussed the required trade off between individual rights and the greater common good of the condominium community. The same balancing act applies here, north of the 49th parallel, but […]

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 […]

New Condo Act: Very Few Amendments Were Made at the Committee Level

We all know that Bill 106 (the Act amending Ontario’s Condominium Act and other related legislation) was adopted and received Royal Assent in December 2015.  It did so after the required three readings before the Legislative Assembly and after having been referred to the Standing Committee on Finance and Economic Affairs. There, Ontarians and stakeholders […]

Airbnb Makes the News… Again!

We have already written on the legal implications of short-term rentals of condominium units.  Airbnb and other short-term rental providers are making the news again. This past weekend, an “Airbnb party” turned for the worse in Gatineau (Québec). CBC reports that a shooting took place at a private residence, which was occupied by some 25 people.  The police […]

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, […]

How to Ensure “Condo Fees” Are Paid Before the Mortgage in Cases of Default?

The timely payment of common expenses (commonly referred to as “condo fees”) is essential to the survival of condominium corporations. For this reason, the Condominium Act has put in place various mechanisms to facilitate the collection of these common expenses. One of these mechanisms is the corporation’s ability to register a lien on the defaulting […]

Condominiums Can Prevent Smoking in Units

We already blogged on smoking restrictions in common elements and on exclusive-use balconies.  But what about smoking in units? Can a condominium corporation prevent an occupant from smoking in his own home?  The short answer is yes. In Ontario, such a prohibition would have to be enshrined in the condominium’s declaration or in a rule adopted […]

Condominiums Can Be Liable For Dog Attacks on Common Elements

There is no shortage of reported legal cases where pets and condominium corporations are adversaries. Many cases deal with the nuisance of a barking dog or with dogs in breaches of the corporation’s rules.  But there is an increasing number of cases dealing with dog attacks on common property. In such cases, both the corporation […]