Blog
Amendments to the Condominium Act Are Finally Released!
The wait is finally over! The Amendments to the Condominium Act have finally been introduced at Queen’s Park on May 27, 2015. The text of this bill, which is formally entitled “An Act to amend the Condominium Act, 1998, to enact the Condominium Management Services Act, 2015 and to amend other Acts with respect to condominiums” can finally […]
Can Condo Board Meetings Be Held Electronically?
With today’s technology, it is very easy for anyone to participate in meetings by telephonic, electronic or other communication means. We are often asked by condo directors whether it is possible to hold their board meetings electronically as opposed to having in-person meetings. The answer is yes, provided that the following conditions are respected. Section 35(5) of the Condominium […]
Condominiums Have an Obligation to Prevent Smoking in Common Areas
Also read our more recent blog post: Changes to the Smoke-free Act Affecting Condos. Earlier this year, the province of Ontario prohibited smoking on patios of restaurants and bars. We already blogged on whether this new prohibition prevented smoking on exclusive-use balconies in condominiums. While this recent change in the legislation does not appear to […]
Failing to Repair and Maintain Common Elements Can Amount to Oppression
In a case released this week, an Ontario court concluded that it is sometimes insufficient for condominiums to simply investigate and passively attempt to resolve problems with common elements. In Wu v. Peel Condominium Corporation No. 245 the court concluded that the condominium’s delays and failure to address the source of excessive noise and vibration emanating from the […]
Can Condos Prohibit Smoking on Balconies?
Also read our more recent blog post (Oct. 2018): Changes to the Smoke-Free Act Affecting Condos. As part of the province’s Smoke-Free Ontario Strategy, Ontario has taken a further step towards a smoke-free Ontario. As of January 1st, 2015, it is illegal to smoke on or around children’s playgrounds, publicly owned sports fields/surfaces and all bar […]
ACMO/CCI Conference in Ottawa ‒ May 29
CCI and ACMO Ottawa are presenting their annual conference and tradeshow on May 29, 2015. This is a great opportunity to meet with industry experts, property managers, trades and service providers and, more importantly, to network with fellow condo directors. The program includes the following presentations: The role of the property manager vs. the role of board […]
A Director Should Not Act Against the Rest of the Board
Last week, the court rendered a lengthy decision in the Ballingall matter. In this court case, we represented a group of unit owners who successfully enforced the “single family” provision found in the corporation’s declaration. Our previous post on this case focused on how the court enforced the condo’s single-family provision. This post will focus on the court’s […]
A Condominium Declaration Can Prohibit Short-term Rentals to Unrelated Students
In a recent Ottawa case, the court confirmed that a condominium corporation can (and should) prohibit the leasing of condo units to unrelated tenants when the condo declaration limits the use of the units to “private single families“. The Facts of This Case In this case involving a 38-year old condominium corporation, two factions faced each other: the owners […]
Condominiums Have a Duty to Accommodate Individuals with Disabilities
Owners and occupants of condominiums have a duty to comply with the Condominium Act, the declaration and the corporation’s other governing documents. In fact, the board of directors has an obligation to take reasonable steps to ensure that all owners and occupants do, in fact, comply with these governing documents. But condominiums also have a duty […]
Pet Eviction: A Tenant Does Not Have More Rights Than an Owner
The Residential and Tenancies Act, 2006 is the legislation presently applying to landlords and tenants. It provides that “[a] provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.” Consequently, a landlord cannot prevent a tenant from having a pet. However, what does that mean for condominium corporations? Can […]