After the discovery of a “secret” tunnel beneath a condominium building, the condo owners are suing the condominium developer, the City of Toronto, Enbridge Gas, the architect and two engineers for damages in the amount of $3 million. The tunnel…
BC Court Imposes $16.8 Million Levy on Condo Owners to Remediate Water Leak Damage
The British Columbia Supreme Court has ordered a Vancouver strata corporation to impose a $16.8 million special levy against the unit owners to pay for repairs necessitated by water leaks in the condominium for over two decades. The Court also…
Owners Sue Condo Association Over Condo Rules Restricting Co-ed Swimming
Several condo owners in New Jersey have commenced a lawsuit against the community association after it instituted rules that restrict mixed-gender swimming in the association’s pool. The majority of the unit owners are Orthodox Jews, whose faith prohibits men and…
Vancouver Tax Targets Vacant Condominiums
The City of Vancouver (the “City”) has proposed implementing a tax on vacant homes in the City starting in 2017. A study commissioned by the City indicates that over 10,000 homes have been empty for more than a year, most…
Directors’ Guide to Smoking in Condos
We’re excited to present our newest brochure, which provides guidance for dealing with smoking in condos. If your condo is having trouble with smoking, consult our guide for expert advice and tips.
U.S Community Associations May Be Liable for Harassment by Residents Against Other Residents
Changes to the Fair Housing Act (“FHA”) in the United States could impose liability on community associations (i.e. condominiums) for the discriminatory actions of residents against other residents. The FHA prohibits discrimination and harassment because of race, colour, religion, sex,…
Luxury Car Parking/Storage Condominiums
A developer in Miami is taking reservations from prospective buyers wanting to purchase a unit in a 7-story, 45-unit condominium that has only car parking/car storage units, without any residential units. This condominium will have two different types of units.…
Ontario Court of Appeal Recognizes that “Business Judgment Rule” Applies to Condominium Board Decisions
In a couple of prior blog posts, we blogged about a case (3716724 Canada Inc. v. CCC No. 375), where the Ontario Superior Court of Justice found that a condominium corporation had unfairly disregarded the interests of a commercial parking…
Condo Water Leaks
Often when there is a leak in a condominium unit, there is an assumption that the leak emanated from the unit directly above. However, this may not necessarily be the case. In a recent case, Roa v. TSCC No. 1764,…
Tarion Warranty Corporation Independent Review – Interim Report Released
In a prior blog post we announced that the Government of Ontario was conducting an independent review of the Tarion Warranty Corporation and the Ontario New Home Warranties Plan Act (“ONHWPA”). After consultations and written submissions from homeowners and industry…
