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Ontario Allows Six-Story Wood-Framed Buildings
Since January 1st, 2015, Ontario allows for the construction of much higher wood-framed buildings. Through changes to the Ontario Building Code, wood-framed buildings are now allowed to be built up to six-storey high, raising the limit from the prior four-storey limit. According to a press release from the Ministry of Municipal Affairs and Housing, this […]
Can Condominiums Serve Their AGM Package by Email?
We are often asked whether condominium boards can send their AGM package by email rather than sending a hard copy by regular mail as it is often the established practice. Subject to the conditions presented below, boards are free to use email when sending notices to owners. The package for a condominium’s annual general meeting (“AGM“) generally includes […]
How to Fill a Vacancy on a Condo Board of Directors
At each annual general meeting (“AGM“), owners usually elect a certain number of directors for a fixed term in accordance with the corporation’s declaration and by-laws. However, during his or her mandate, a director may decide to resign, resulting in a vacancy on the board. We are often asked how the board can fill this […]
Condo Directors Found in Contempt and Fined
In a recent decision, the Ontario Court of Appeal fined condominium directors for having breached a prior court order. This decision is the culmination of a 3-year legal saga over the landscape of a condominium courtyard. In 2011, the board had to remove the landscape outside of the complex to perform extensive repairs to the […]
Amending a Condominium Declaration Is Not an Easy Task
Condominiums and its owners are governed by the Condominium Act but also by the condominium’s governing documents. These governing documents (the declaration, the by-laws and the rules) are part of hierarchy of internal governing documents, with the declaration on top of the pyramid, followed by the by-laws and with the rules at the bottom. Because […]
Condo’s Obligations Under the Occupational Health and Safety Act
As of July 1st, 2014, all condominium corporations in Ontario who employ “workers” (superintendants, cleaners or other clerical staff…) will have to ensure that their workers complete a basic occupational health and safety awareness training program that meets the requirements of Regulation 297/13, adopted under the Occupational Health and Safety Act (OHSA). This regulation requires […]
Requiring Mandatory Qualifications for Condominium Managers
On July 18, 2013, the Ontario Ministry of Consumer Services issued a news release confirming that Ontario is working to introduce mandatory qualifications for condominium managers. This is the first of several anticipated changes resulting from the province’s Condominium Act Review to help increase protections for condominium owners, tenants, and buyers. The news release reads: […]
How Can Condo Directors Avoid Personal Liability?
We have, in the recent past, blogged about the Boily case. In this Ottawa case, a board of directors was found to be in contempt of court and was ordered to personally pay in excess of $96,000 in legal costs. Many have asked for an update on this matter and for advice on how directors can protect themselves against […]
Directors Found to Be in Contempt Ordered to Pay $96,000 in Legal Fees
We previously blogged about the Boily case involving a dispute between some owners and the directors of a Condominium complex in Ottawa. This dispute revolved around the proposed alteration of the condominium’s courtyard. Last March, a judge found the corporation and the directors in contempt of a prior court order and ordered them, for a […]
Special Assessments: The Board Has The Final Word
Sometimes a board of directors has no choice but to levy a special assessment in order to proceed with necessary work, maintenance or repairs. Such a decision is rarely well-received by owners, who will most likely question the rationale of the decision and the board’s management of the condominium’s affairs. Even if owners agree that […]