In this series of posts, we are focusing on the level of owner consultation required when boards are contemplating renovations to the condominium or changes to the services provided to the owners. As indicated in our last post, some decisions…
Mediation and Arbitration Under the Condominium Act
Section 132 of the Condominium Act sets out the procedure for mediating and arbitrating condominium disputes between an owner and a condominium corporation. Section 132(4) provides, in particular, that every declaration shall be deemed to contain a provision that the…
Case Comment: Free Speech v. Defamation/Harassment
In a recent case out of Orleans, Massachusetts, the trial and appeals court found that an owner’s right to free speech trumped the by-laws of a condo association. Steven Preu, an owner at Old Colonial Village Condominium Association, had a…
Protecting your Condominium against Natural Disasters
Over the past week or so, many of us have seen or read about the damage that superstorm Sandy has wrought on much of the Eastern United States. The effects have been nothing short of devastating. Many have died and…
Who is responsible to repair and pay for flood damage in a condominium unit?
We were recently asked to provide advice following a flood in a condominium unit. The condominium corporation was surprised to hear that it may have the obligation to repair the unit despite the fact that the damage was limited to…
Condo Fraud Update
What happens after a condo corporation has been defrauded of millions of dollars? Raveena Aulakh of the Toronto Star recently provided an update on the plight of unit owners whose condo corporations were victims of a massive fraud orchestrated by a former…
Will Condominiums Lead to the “Manhattanization” of Toronto?
The CBC has suggested that condominiums could become the default housing option for those who want to live in the core of the city – what it refers to as the “Manhattanization” of Toronto. Condo guru Brad Lamb – who…
Maintenance and Repair Responsibilities Table
Does your corporation have a maintenance and repair responsibilities table? A maintenance and repair responsibilities table is a document which sets out what owners are responsible to maintain and repair after damage and what the Corporation is responsible for. Section…
Safety Deposit Box Condominium
The enactment of condominium legislation has allowed fractional ownership of a larger piece of property that previously could not be subdivided, by creating separate smaller real property units with separate legal titles. Over the years we have seen a decrease in…
Court-Appointed administrators of Condo Corporations (Part One)
The Condominium Act provides that the affairs of the condominium corporation are to be managed by a board of directors elected by the owners. Should the owners become dissatisfied with board members or the way they manage the corporation’s assets,…
