Rod Escayola
Condo Declaration May Not Impose an Obligation to Lease Parking in Perpetuity
In a recent decision, a judge ruled that a provision in a condo declaration which imposed on the corporation an obligation to lease back parking spots in perpetuity is unenforceable, against public policy and against the Planning Act. The condo corporation was permitted to terminate the lease. Facts of this case This case involved a dispute […]
Court Expands Condo Lien Notification Requirements
In a not yet reported case, courts appear to have expanded the notice requirement when liening a condo unit. Failure to properly notify the owner’s spouse may render the lien invalid as against said spouse, even if she neither owns, nor occupies the unit. Facts of the case This case involves a condo unit registered […]
Federal Elections: Canvassing and Electoral Signs in Condos
And they’re off to the races !! The prime minister has asked the Governor General to dissolve parliament, setting the stage for Canada next general election. Blue, green, orange and red electoral signs (we’ve listed them alphabetically) will soon be popping everywhere and candidates will start canvassing. In fact, two local candidates have already knocked on my door, […]
Are you Getting Good Value for your Condo Fees?
A couple of weeks ago we launched our most ambitious survey, aimed at getting an accurate picture of condo fees in Ontario. What drives them up or down? How does the age or size of the corporation affect them? How do they compare from city to city? How do highrise compare to townhomes? What amenities […]
Can Condos Reimburse Budgetary Surpluses to Owners?
Condo corporations are not-for-profit organizations. Technically, they are not supposed to make a profit. Having said that, they are not charitable organizations either. When faced with a deficit, condo corporations must collect more from owners to get ends to meet. But what are they to do with a surplus? This is what this post will […]
Managers Soliciting Proxies: Do’s and Don’ts
Despite the province’s vaillant efforts, proxies continue to cause confusion and to foster distrust. One of the questions we’re often asked is whether it is proper to encourage owners to return their proxies to management? If not, who should the proxy be handed to? Are your condo fees too high? How do they compare? Help us […]
Condo Liens: What is the Required Minimum Notice?
In a recent Ottawa case, the courts clarified how condo corporations are to calculate the minimum 10-day notice requirement prior to being able to register a lien on a defaulting unit. This post sheds some light on this tricky requirement. Are your condo fees too high? How do they compare? Help us take an accurate […]
Are your Condo Fees Too High?
Common expenses (commonly referred to as “condo fees”) are a recurring grievance for those living in condos. They seem to always go up; they seem to never cover enough and owners often feel they have no control over them. In this post we discuss what goes into the calculation of common expenses. But, before we […]