Lash Condo Law

Lash Condo Law Blogs

Latest from Lash Condo Law

Should police be entitled to install video cameras in the condominium common elements in order to obtain evidence about suspect residents engaged in criminal activities? In the case of R.v. Brewster, it was revealed that the police had installed video cameras in the underground parking garages and the hallways of several condominiums. Some of the cameras were installed without a warrant, but with the permission of either the condo manager, or the condo manager and…
In a prior blog post, we blogged about a downtown Toronto condominium corporation that had entered into an agreement with Airbnb to regulate Airbnb rentals in the building. As the corporation’s declaration permitted short-term rentals it could not stop them – but entering into this agreement under Airbnb’s Friendly Buildings Program was an effective and the only way to give the corporation some control over the Airbnb activities in the condominium. The agreement contained a…
We are pleased to announce that litigator David Elmaleh will be joining Lash Condo Law as Counsel.  For those of you that may not know David, David is a master at providing effective, efficient and timely litigation services for our clients. For more information about David and to download David’s V-card click here. We are excited to increase our bench strength and expand our team. We look forward to you meeting David and working with…
In a recent case, MTCC No. 1328 v.2145401 Ontario Inc., a condo unit owner was ordered by the Court to allow the condominium corporation access to the unit for the purposes of inspecting and investigating whether there were noises or vibrations emanating from the staircase in the unit that could unreasonably interfere with the use and enjoyment of the unit below. The occupant of the unit below complained to the board that she was…
While some of the amendments to the Condominium Act have been in force for almost 1.5 years (training for directors and disclosure requirements, mandatory licensing of managers, mandatory forms, Condo Tribunal for Corporation’s records, Information Certificates, AGM notices etc.), there are other important amendments to the Act that are not yet in force. One of these amendments is the procurement process for certain contracts. While procurement can take on many different shapes and forms, it…
After a condo unit owner constructed a backyard deck on the common elements abutting the owner’s unit without obtaining the consent of the condominium corporation, the corporation applied for a court order compelling the owner to enter into a section 98 agreement. (D.C.C. No. 43 v. Bradley) Section 98 of the Condominium Act, 1998 (the “Act”) provides that owners cannot make any addition, alteration or improvement (“Alteration”) to the common elements without obtaining the…
For those of you that are still not clear as to what electronic voting is or have certain misgivings about the process, then read on…… Firstly, I want to thank the Ministry of Government and Consumer Services for introducing electronic voting for condominium corporations in Ontario.  It was in November 2017 that I first learned about electronic voting when I saw that amendments to the Condominium Act included new methods for voting at condominium meetings…
In a recent case, Friedich v. MTCC No. 1018, a condominium resident unsuccessfully sued the condo corporation after his vehicle had been vandalized. The corporation had made changes to its security for the garage. The previous telephone entry system was replaced by closed circuit televisions and security guard patrols every two hours. The resident alleged that the changes to garage security resulted in easy access to vandals. He argued that the corporation had breached its…
The Ontario Government (the ”Government”) recently announced that it will be making major changes to the Tarion Warranty Corporation (“Tarion”) in order to strengthen consumer protection. The proposed changes incorporate some of the recommendations made by Justice Cunningham, who some time ago released a detailed report following a comprehensive review and consultation with industry stakeholders. (Click here to read our previous blog postings on Justice Cunningham’s interim report and final report.) Separation of Warranty…
In a recent decision, TSCC No. 2051 v. Georgian Clairlea Inc., the Ontario Court of Appeal confirmed a lower court decision that found that a condominium developer failed to make adequate disclosure to purchasers of material changes relating to two vendor take-back mortgages entered into before turnover when the developer controlled the board of the condominium corporation. The Court of Appeal also confirmed that the creation of these mortgages was oppressive, as the developer…