Blog
How Much Time Does a Condo Have to Register a Lien? (Part 2)
In Ontario, condominium corporations can register liens against the unit of an owner who defaults in paying his or her common expenses. Once the lien is registered, it grants the condominium priority over the mortgage. This very powerful tool to collect arrears. A lien expires if it’s not registered within 3 months of when the default […]
Condominium Declaration, By-laws and Rules: What’s the Difference?
I was speaking this weekend at a Condominium Director’s Course given by CCI-Eastern Ontario. One of the participants asked me to explain the differences between a condominium declaration, by-laws and rules. While the more seasoned condominium directors have become familiar with these documents, many first-time directors may be puzzled by the differences between them. In fact, […]
Register Your Condo Lien Early or Risk Losing It
Timely collection of common expenses by condominium corporations is essential to the safeguard of their financial viability. For this reason, the Condominium Act permits condominiums to register liens against the unit of owners who are in default of paying their common expenses. Once registered, the lien has priority over mortgages. However, to benefit from this […]
Courts Will Protect Condo Board Decisions… made in good faith
You may recall our blog on an Ottawa case opposing a mixed-use condominium corporation to the owner of a public parking business within this corporation. The Court of appeal reversed the original decision and concluded that condo board decisions taken in good faith should be shown deference and will not likely be set aside by […]
First-Year Deficit of a Condominium Corporation
One of the first challenges of a new condominium board of directors is the survival of the first fiscal year on a budget set by the builder. When there is a shortfall between this first-year budget and the actual operating expenses incurred by the corporation during that first year, condominium corporations can turn to the declarant. First […]
The “5 Ws” of a Condo AGM
Fall is often a good time for condominium corporations to hold their annual general meeting (“AGM“) of owners. Owners are back home after the summer holidays and snowbirds have yet to migrate to warmer weather for the winter. My condominium should hold its first AGM in the next few months. People who are new to condo living may not fully understand what an […]
Defibrillators in Condominiums
One of the question we are increasingly being asked by our condominium clients is whether they should consider installing automated external heart defibrillators and, if so, what liability may be associated with the installation and use of such defibrillators. It is well-known that the steps taken in the minutes following a cardiac arrest may make a difference […]
Can Condo Directors be Sued for Conspiracy?
An interesting case came out of Toronto last week where the owner of three commercial condominium units commenced a claim against the condominium corporation and the directors personally, claiming conspiracy, nuisance and intentional economic interference. This raises an interesting question: Can condo directors be found to be involved in a conspiracy when they take decisions as […]
The First Year in the Life of a Condominium Corporation
The first year of a condominium corporation is a big one. In addition to dealing with ongoing construction work, construction deficiencies and perhaps budgetary issues, the board of directors has to take important decisions in terms of management of the building and has to set the tone with the owners and residents. Depending on how the developer/declarant […]
Can a Condominium Corporation Prohibit the Display of the Canadian Flag?
With Canada Day just around the corner and important festivities expected to take place next year for the 150th anniversary of the Confederation, Canadian flags will start popping up everywhere and condominium corporations may be faced with situations where owners wish to display a flag in their windows or on their balcony. Many corporations already […]