Out with the Old and In with the New

Preliminary Notice and Notice of Meeting: On May 1, 2018, the Ministry of Government and Consumer Services (the “Ministry”) released updated versions of the Preliminary Notice of Meeting and the Notice of Meeting forms. The updated Preliminary Notice and Notice…

Court Denies Developer’s Attempt to Terminate Pre-Construction Condo Purchase Agreement

After a developer attempted to unilaterally terminate a pre-construction agreement of purchase and sale because of delays in approvals and construction, the purchasers of a unit were successful in obtaining a court order for specific performance, which compelled the developer…

Lash Condo Law Has Two Exciting Announcements!

Lash Condo Law is moving this upcoming Monday, April 30: 225 Richmond Street West, Suite 200 Toronto, ON   M5V 1W2 Our new office is located in the Entertainment District of Downtown Toronto, a 5 minute walk from Osgoode subway station…

Marijuana Cultivation in Residential Condominiums- Ontario Real Estate Association

With the upcoming legalization of marijuana in Canada, many condominium corporations are taking steps to implement rules to control the smoking of marijuana in condominium buildings and prohibiting the cultivation of marijuana within condominium units. The Ontario Real Estate Association…

Court Declares Condo Owner a Vexatious Litigant

In a recent case, Carleton Condominium Corporation 116 v. Sennek, the Court of Appeal for Ontario agreed with a lower court’s decision that declared a condo unit owner to be a vexatious litigant. The lower court had concluded that the…

Electronic Voting for Condominium Corporations- No Proxies Required!

As of November 2017, the Amendments to the Condominium Act allow condominium corporations to permit owner voting by “telephonic or electronic means.”  To do this, an Electronic Voting by-law is required. How is this Different? While some condominium corporations are…

Marijuana, Short Term Rentals and Moving from a Freehold home to a Condo

Denise Lash  and Lou Berkovits continue their discussion on what condo corporations and owners should be aware of with the upcoming changes to the legislation on Marijuana and Short term rentals.   The discussion then switches to things that Purchasers should be…

Physical Assault at Board Meeting – Is the Condo Corporation Responsible?

In a recent case, Omotayo v. Da Costa, the Ontario Superior Court of Justice considered whether a condominium corporation was responsible to prevent an assault at a board meeting by one participant against another participant. During a heated board meeting…

Owner Sues Condo Corporation Over Alleged Board Election Irregularities

In a recent case (Wu v. PSCC 826, 2018 ONSC 2027), a condominium unit owner commenced legal proceedings against the condominium corporation over concerns about board election irregularities and proxy improprieties. After the owner’s preferred candidate for the owner-occupant position…

Florida Condo Association Under Fire for Banning Bible Studies on Common Elements

A Florida condo unit owner has filed a complaint with the US Department of Housing and Urban Development, claiming that her condo association has discriminated against her on the basis of religion after it banned bible studies and other religious…