Rod Escayola
Are Condo Owners Entitled to Access the Email Address List of Other Owners?
Condo corporations are increasingly asked to disclose to condo owners the email addresses of the other owners. Indeed, a condo owner wishing to requisition a meeting of the owners or wishing to otherwise communicate with other owners finds email communications to be far more practical than having to mail a paper letter. After all, since the corporation […]
Liens Are Not the Only Way for Condos to Collect Arrears
In case there was a doubt in anyone’s mind, registering and enforcing condominium liens is not the only method available to condominiums wishing to collect arrears. Indeed, in a recent case, the Court of Appeal confirmed that condominium corporations can also sue for unpaid common expenses, the same way any creditor could for an unpaid debt. […]
The Limits of Democracy in Ontario Condos
We often think that democracy is the ultimate decision-making process in condominium corporations in Ontario. True, but it is not that simple. The first challenge to the general tenet that majority rules the governance of condominiums is that numerous decisions require a varying degree of approval from the owners. For instance: Quorum to hold an AGM is presently […]
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 […]
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 […]
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 […]