Wrong Parties to a Condo Lawsuit

Condominiums projects are becoming more complex and multi-faceted. It is not uncommon to have several large condominium buildings developed in close proximity that share amenity areas, parking garages, roadways and security gate houses.  In these instances, there are many new and…

Condominium Shared Facilities – Top 8 issues

In a previous blog post we wrote about the requirements for shared facility managers to be licenced where one or more of the parties to the shared facility agreement is a condominium corporation.  This is a new requirement recently introduced…

Condo Developer’s Right to Terminate Pre-construction Agreements of Purchase and Sale – Recent Court Ruling

As we have reported in previous blog posts, there have been a number of pre-construction condominium developments in the Greater Toronto Area that have been canceled by the developers. The developers relied on early termination rights set out in the…

Electronic Voting- 6 myths – the Facts

Electronic Voting has been adopted by many condominium corporations, so it is time to dispel some myths about what Electronic Voting is and what it is not. Myth No. 1 – Electronic proxies are “online voting” or electronic voting. Wrong.…

Condo Energy-Saving Retrofits

As utility costs represent approximately 35 to 50% of the budget for high-rise condominiums, reducing these costs can significantly impact a corporation’s budget and the common expense fees paid by unit owners. Smart Energy Recovery (“SER”) is a new eco-friendly…

Duty to Accommodate Disabled Residents

A recent case decision (Polito v. Briarlane Property Management Inc., 2019 HRTO 708) from the Human Rights Tribunal of Ontario (the “Tribunal”) focused on the obligation to accommodate disabled residents. In October of 2016 a disabled resident requested that automatic…

Condo Rules Restricting Co-ed Swimming – Court Decision

Some time ago we blogged about a lawsuit commenced by several condo owners in New Jersey against their condominium association after it instituted rules that restricted mixed-gender swimming in the association’s pool. Approximately two-thirds of the condo residents are Orthodox…

Kitec, Tenders and Summary Judgment

Organizing the process to replace Kitec piping is a serious and expensive endeavour. Recently, on March 21, 2019, an Ontario court considered the issue of fairness in an alleged tender process for a large contract to remove the Kitec piping.…

Police Surveillance Cameras in Condominiums

Should police be entitled to install video cameras in the condominium common elements in order to obtain evidence about suspect residents engaged in criminal activities? In the case of R.v. Brewster, it was revealed that the police had installed video…

Updates to Airbnb’s Friendly Buildings Program

In a prior blog post, we blogged about a downtown Toronto condominium corporation that had entered into an agreement with Airbnb to regulate Airbnb rentals in the building. As the corporation’s declaration permitted short-term rentals it could not stop them…