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Noise Complaints in Condos: The Perils of Failing to Enforce Condo Rules
Property managers and condominium corporations should take noise complaints seriously or risk facing serious financial consequences. In a recent case, a condominium corporation that failed to enforce its rules prohibiting excessive noise was ordered to compensate an owner for the costs incurred to find alternative accommodation and was ordered to pay a significant costs award. […]
Who Is Responsible to Repair and Pay for Flood Damage in a Condominium Unit?
There is a great deal of confusion surrounding who is responsible to repair a condominium unit after damage. Naturally, many elements have to be considered such as whether the incident is an insurable one; whether the occupants are at fault; whether the damage is limited to one unit, to the common elements or whether many […]
Should Violent Condo Owners Be Forced To Sell And Leave?
In a recent decision, the Superior Court of Justice was once again asked to determine whether a condominium owner should be forced to move out and sell her unit as a result of her violent and inappropriate conduct towards other owners. The evidence presented in the case showed that Ms. Hayes had committed no less […]
Condos Can Recover Reasonable Expenses Incurred to Collect Condo Fees Arrears
Condo fees are the lifeblood of condominiums. One owner’s failure to pay his share of common expenses causes suffering to all of the other owners in more than one way. First, the innocent owners have to bear the financial burden of the delinquent owner who benefits from services without paying his share. As importantly, the […]
Can Condominiums Prevent Short-term Leasing of Units?
Recently, owners living in an exclusive condominium complex downtown asked me whether there was anything that could be done to prevent short-term leasing of condo units in their complex. Short-term rentals can indeed be quite problematic for a condominium corporation and its owners. We have dealt with many compliance issues which involve units in which […]