Blog
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 […]
Condo Adviser Awarded “Best Practice Group Blog Award” by Clawbies
The winners of the 10th Annual Canadian Law Blog Awards (the Clawbies) were announced on December 31, 2015. We are honoured and delighted to report that Condo Adviser was awarded the Best Practice Group Blog Award! This category rewards blogs by practice or industry groups in large law firms. Clawbies describes this category as one providing […]
A Condo Year in Review – Our Top 10 Most Popular Posts of 2015
As most of Ontario was hit with its first snow storm of the winter, I sat down to take stock of 2015. And what a year it has been for us and for the Condo Adviser! Since our launch on March 24, 2015, we published more than 70 posts! Best of all, the response from our readers has […]
Happy Holidays!
You would not know it looking out your window, but that time of year is upon us again. For many, a time to gather, a time to share and a time to celebrate with loved ones. This time of year is also a time to look back and celebrate the many joys and accomplishments of a year coming […]
Dog in Breach of Rules Ends up Costing a Lot to Its Owner
I wrote about “Peaches”, an “overweight” dog who was permanently evicted from the condominium corporation because the occupants failed to prove that Ms. Labranche had a disability requiring her to have this specific dog. The fact of the matter is that the dog exceeded the 25-pound weight restriction imposed by the condominium’s rules. Since then, the […]
Condo Corporations Owe a Fiduciary Duty to Owners in Breach of the Rules
This is the recent story of an Ottawa condominium corporation who brought a compliance application against the occupant of a unit. Unfortunately for the corporation, when came the time to rule on legal costs, the corporation was reminded that it must consider and balance the interests of all owners… even those in breach of the rules. Facts of […]