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Should Condominium Corporations Indemnify a Rogue Director Who Has Been Ordered to Pay Costs?
For those following the case opposing a Durham condominium corporation to its former director Leslie Swan, the Court of Appeal has issued its decision on question of costs. Unfortunately, we will have to wait a while longer before we find out who gets to pay the piper, as the Court of Appeal has referred the question of costs back […]
The ‘New Condo’ Act Moving Through Second Reading
You will certainly recall that Bill 106 (the Act to amend our 1998 Condominium Act and to enact other condo-related legislation) was introduced to the Legislative Assembly of Ontario for first reading on May 27, 2015. After the dog days of summer, Queen’s Park has resumed its work this week and the ‘new Condo Act’ is high […]
Deadline to Install Carbon Monoxide Alarms in Condominiums
Time is running out. By October 15, carbon monoxide alarms will be required near all sleeping areas in Ontario’s residential homes with a fuel-burning appliance or fireplace or which are adjacent to a service room with such appliances or adjacent to a garage. Condominium corporations (as opposed to unit owners) are likely ultimately responsible for the installation, testing and maintenance […]
The “New Condo Act” Will Significantly Affect the Calling of Special Owners’ Meetings
Bill 106 (the bill presenting changes to the existing Ontario Condominium Act) proposes significant changes to the process by which condo owners can requisition and force the holding of a special owners’ meeting. This post will focus on this. The process under the existing Act As it presently stands, owners can requisition an owners’ meeting […]
Condo Directors Must Be Willing to Compromise and Find Solutions
You may recall our blog on the Ballingall decision, released in April. This case dealt with the enforcement of a single-family provision in a condo declaration. In its decision on costs, released on August 14, 2014, the Court of Justice reminds condo directors that they must be willing to compromise and work with all owners who have legitimate […]
How Will the “New Condo Act” Affect the Calling and Holding of AGMs?
As part of our review of the proposed changes to the Condominium Act, this post will focus on how Bill 106 would affect the calling and holding of condos annual general meetings (“AGMs”). Mandatory advance notices of AGMs If the Bill is adopted as drafted, the province of Ontario would require condominium corporations to provide […]
Condo Adviser Is Being Republished
We are happy to report that our post on the proposed amendments to the Ontario Condominium Act was picked up by the August Bulletin of the Vancouver Island Strata Owners Association (see page 6). A far more comprehensive review of the proposed amendments to the Condominium Act can be viewed on Gowlings’ Knowledge Centre. This article was […]
Federal Elections: What Are the Rules on Electoral Signs and Canvassing in Condos?
Federal elections are just around the corner. Blue, green, orange and red electoral signs will soon be popping everywhere and candidates will start canvassing their constituents. Boards and property managers will soon receive requests from candidates and their representatives wanting to access the property for canvassing purposes. More importantly, boards and property managers will have to deal […]
How to Remove a Condo Director Who Is Acting Unethically
We are often asked what can be done about a rogue director or about a director who acts unethically. This question sometimes comes from other directors and often from dissatisfied owners. The traditional way of removing a director is either to get elected in his/her place at the end of his/her term or to have the […]
Rights and Obligations of Condo Tenants: Owners’ Obligations when Leasing a Unit
One of the hot topic nowadays in the condominium industry pertains to tenants in condos, short-term leasing of units and Airbnb type of short-term rentals. In this post, and in more to follow, I will be blogging about the rights and obligations of condominium corporations, unit owners and tenants with respect to the leasing of […]