Graeme Macpherson
Are condo policies enforceable?
Policies vs. Rules in Ontario Condos: What Boards Can (and Can’t) Do We all know about declarations, by-laws, and rules. Each of these governing documents has their own process to be adopted and sets the parameters for what condominiums, their owners, their boards, and their residents can and cannot do. However, as I am sure […]
Consequences of skipping mandatory mediation or arbitration
Disagreements between condo owners and corporations over governing documents must first go to mediation and arbitration, rather than to the courts. Yet, this mandatory process is often overlooked, leading to delay and costly procedural steps. A recent case sheds some light on the consequences of skipping these steps. The old “use it or lose it” principle.
Condo Conflicts: when does rudeness cross the line into harassment?
Disputes between neighbours in a condo setting are regrettably somewhat common. These disputes often involve disagreements, which can occasionally result in unpleasant interactions and rudeness. But at which point does rudeness cross the line into harassment? This is the question that the CAT recently answered in the Holloway case.
Elder Abuse and Removing a Disruptive Occupant
In a recent decision, the Ontario Superior Court permanently banned an individual from occupying or even visiting a condominium unit due to repeated harassment and elder abuse concerns. The case, YRCC No. 570 v. Edery, underscores the responsibilities of condo boards to ensure resident safety and enforce compliance under the Act. Key Facts Kathryn Edery, […]
CCI-EO Ottawa Conference
Ah, September. Back to school. Pumpkin spice. But most importantly, CCI’s Ottawa Conference! That’s right the biggest condo event in Ottawa is happening on September 20, 2024 at the Ottawa Conference & Event Centre at 200 Coventry Road. Sign up now and see the region’s condominium experts present on some of the most important and cutting […]
Smoking in condos does not always amount to nuisance
While lots of condos have become smoke free, many either don’t regulate smoking or granted legacy rights to existing smokers. The result is that, when owners complain about smoke in their units, both sides rely on their nose to argue that the other side is wrong about the degree of nuisance. In a recent case, the CAT ruled on whether a “sniff test” constituted an adequate investigation into a smoke complaint.
Frosty the Boardman (Ode to CondoLand)
Here we are, reaching the end of another year! As most are winding down for the season, we offer our traditional Christmas blog post! As we have done these last few years, we offer to revisit a Christmas classic and adapt it to CondoLand. This year, we present our version of the well-known song Frosty […]
CCI (Eastern Ontario) Condo Conference on November 4!
The CCI (Eastern Ontario) Condo Conference is finally returning!…. and in person! This is a one-stop event! Come meet and network with your local condo community, your condo leaders and service providers! Amazing lineup (if we may say so ourselves) tackling relevant and timely topics such as enforcement, CAT decisions, reserve fund studies, how to […]