At a recent annual general meeting, the owners were advised that their reserve fund was not properly funded over the years and repairs needed to be done to the roofs and parking garage in the very near future.  There was discussion around special assessments and how owners would be paying those amounts.  There was also mention of owners getting “special assessment insurance” and owners were left with the impression that this type of insurance would…

In a recent case, Y.C.C. No. 187 v. Sandhu, the Ontario Superior Court of Justice granted a judgment in favour of the condominium corporation, giving it possession of an owner’s unit and enabling it to sell the unit. This drastic consequence ensued as a result of the actions of the owner’s tenant. The tenant had been in constant conflict with the corporation and building management and then sued the corporation for damages of over…

Emotions are running high at two CityPlace buildings after the condominium corporation started enforcing a rule that prohibits any pets that were not registered with the corporation by a specified date. The effect of this rule means that any new pets, as well as any pets not registered by the cut-off date, are prohibited. It was reported in the media that the rule was passed by the condominium board in 2016 but enactment and enforcement…

Some interesting issues have cropped up recently around “Candidate Disclosure” requirements for candidates running for positions on condominium boards of directors. In an effort to increase transparency and allow owners the ability to find out material information about candidates running for the board of directors, the Condominium Act (the “Act”) now mandates that candidates disclose certain material information to the owners prior to the election.  If disclosure is not provided within the prescribed time line…

We are excited to welcome Sarah Morrey back to Lash Condo Law as our 2019/20 articling student.  Sarah joins our team of blog writers and will post tomorrow’s blog on the topic of Candidate Disclosure.   For Sarah’s contact info click here…

Denise Lash recently authored an article in The Lawyer’s Daily about smoking in condos. In the article, Denise discusses the impact that legalization of cannabis has had on smoking-related rules in condos, going “smoke-free”, and the challenges associated with balancing the interests of the residents. Previously published by The Lawyer’s Daily www.thelawyersdaily.ca. Click here to read the entire article.…

There’s an old adage that “a man’s home is his castle.” However, when that castle is a condominium unit, owners need to realize that they are not the exclusive ruler of their castle and that they do not have the same freedoms and level of control as the owner of a freehold property. Compromises by owners are necessary, as the condominium is regulated by the Condominium Act, 1998 (the “Act”), as well as the declaration,…