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It was recently reported in the media that a Vancouver woman is fighting her strata association to keep her dog, Ember, which she claims is an emotional support animal. The owner, who has suffered from mental health afflictions since childhood says that she was able to stop taking medication after adopting Ember. She provided a doctor’s letter confirming this. The strata association allows 2 dogs per unit. As the owner has two other dogs, the…
Mention the word “Kitec” to condo managers and unit owners and you will likely be greeted with a look of panic. The various concerns regarding Kitec have been well covered in the condominium industry. Kitec plumbing consists of flexible aluminum pipe between an inner and outer layer of plastic pipe (PEX pipe) with brass fittings. Marketed as a cheaper and easy-to-install alternative to copper piping, Kitec was sold between 1995 and 2007 for potable water, in-floor, and hot-water baseboard…
In a prior blog post we reported about a decision from the Ontario Superior Court of Justice where a condominium owner, Mr. Lahrkamp, was prohibited from commencing any legal proceedings against his condominium corporation, except with leave of a judge of the Superior Court of Justice. Mr. Lahrkamp was also prohibited from commencing any legal proceedings against any current, past or future directors of the corporation, its property manager and any of the corporation’s service…
Much has been written about the newly enacted electronic voting in condos.  While it is received by many as a long-overdue solution to the proxy and quorum challenges faced by many corporations, some commentators have hesitated to adopt it, preferring to cling onto the requirement of a proxy to count someone’s presence toward quorum.   In this post, I weigh into this debate and answer the ultimate question: what was the point of the province’s forward-…
Often times condo corporations will hold information/town hall meetings to update owners on current issues and also to get feedback from owners on various matters. Since these meetings are not considered owners meetings under the Condominium Act, the notice requirements and typical registration and meeting procedures do not apply. In this context, a recent CAT decision, Rafael Barreto-Rivera v Metropolitan Toronto Condominium Corporation No. 704 (“MTCC 704”) is important to consider. Rafael Barreto-Rivera is a…
Over the past few months many condo development lawyers have incorporated electronic voting wording into the General Operating By-law for newly registered condominium corporations in order for electronic voting to be used for the first owners meeting- the Turnover meeting. The reason- ensuring that quorum is reached without having to collect proxies. Managers that are dealing with turnover meetings, will now have the benefit of starting off with their first owners meeting without having to…
Many corporations have experienced their fair share of “messy” residents whose units look similar to their teenage daughter’s bedroom. That said, there is a difference between the casual “clutterer” and an individual who suffers from hoarding disorder. What is hoarding disorder? Hoarding disorder is a recognized medical disorder characterized by persistent difficulty in parting with possessions, resulting in severely cluttered living spaces, distress, and impairment. For corporations, hoarding poses a significant problem as excessive clutter…
As we are quickly approaching a new year, we’ve taken a look back at the condominium legal landscape over the past year. This has been quite the year! Here are some of the highlights.  Legalization of Marijuana – Prior to the legalization of recreational marijuana in Canada this past October, many condominium corporations raced to enact rules to regulate and restrict the use and cultivation of marijuana on the condominium property. Those corporations that did…
Many newly elected board members know that minutes of the board meetings must be kept, but they do not fully understand what is to be recorded in the board minutes. First of all, the board minutes ARE NOT A TRANSCRIPT of who said what. Rather, the minutes are a summary record of the business conducted at the board meeting and in particular, any decisions made by the board. Following are some guidelines as to what…