Construction
Can condo corporations access the neighbour’s property to repair their own?
Happy Dog Days of Summer, As construction season ramped up again earlier this Spring, a recent decision out of the Superior Court of Justice dealt with a situation where a condo urgently needed to conduct rooftop repairs, but its neighbour would not grant the condo access to its land so the condo could access its […]
Should Condo Owners Vote on Changes to Common Elements?
A recurring question from our readers is whether condo owners are required to vote on a renovation project. Aside from the more important question of whether they should be consulted or informed (yes, they should), the legal question is whether consultation is mandatory and, if so, what is the level of support required for the […]
Refusing to Allow Modifications to Common Elements Can Amount to Oppression
The Condominium Act prevents condominium corporations from treating unit owners unfairly and differently from the rest of the owners. This obligation is found under section 135 of the Condominium Act (the oppression remedy). In Noguera v. Muskoka Condominium Corporation No. 22, the Corporation and its board of directors learned that not complying with such obligations […]
Input Requested on Changes to the Legislation Dealing with Condo Conversion Projects
The province is seeking your input on proposed regulations that would extend most new home warranty plan coverage to certain residential condominium conversion projects. Feedback is invited until September 25, 2017. Bill 106 (the Protecting Condo Owners Act) brought changes to various pieces of legislation, including the Condo Act, the Building Code Act and the Ontario New Home Warranties […]
The First Year in the Life of a Condominium Corporation
The first year of a condominium corporation is a big one. In addition to dealing with ongoing construction work, construction deficiencies and perhaps budgetary issues, the board of directors has to take important decisions in terms of management of the building and has to set the tone with the owners and residents. Depending on how the developer/declarant […]
Should Your Condo Corporation Pay HST If It’s Not Specifically Included in a Quote?
Have you ever faced a situation where a contractor requested taxes over the quoted price? How much should your condominium corporation budget for if all that the contractor quoted was a flat amount without details as to whether it includes HST or not? HST has to be paid and parties cannot contract out of it. However, […]
What Does the Pre-Delivery Inspection of a New Condo Entail?
I recently bought my first home: a brand new condominium unit. In this post, and in more to follow, I intend on blogging about this experience and about the first year in the life of a condominium corporation. After months of anticipation leading up to the date of occupancy, I recently got to set foot, […]
Condo Owners Must Pay for the Unlawful Conduct of Their Directors
Who should pay the bill when condominium directors act unlawfully and take justice in their own hand? According to the Court of Appeal it may be the owners having elected them! We blogged already on the Ottawa case where condominium directors were found to be in contempt of court when they decided to ignore a […]
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 […]
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 […]