Condo living is unpredictable and there’s always something new…yet I write about chargebacks, indemnity clauses and Amlani all too often. The law is settled: condos cannot charge back enforcement-related costs – specifically legal letters – without a court order, despite
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Boats, legislation changes and more…
Our Summer 2023 issue of the Condo Alert! reports on a grab bag of items including upcoming changes to the Condo Act and condo adjacent matters.
Enjoy the rest of the summer,
Andrea
Common element nuisance – what’s bugs got to do (got to do with it)?
An owner brought a CAT application alleging she was experiencing unreasonable noise from a common element garage grate and unreasonable noise, odour, smoke and vapour from a common element industrial vent. At Stage 3, the condo made a preliminary submission…
Core doors, corridors and court orders – court won’t interfere with condo’s decision on uniformity of appearance of unit exteriors
Owners are not allowed to modify the common elements as they please. Though owners have broader rights regarding their individual “units”, the line between “units” and “common elements” can often blur, leading to escalated disputes.
Insurance deductible chargebacks – are you covered?
The Condo Act requires condominium corporations to insure against damage to the common elements and (standard) units that is caused by major perils such as fire or water escape. Picture this: you come home from a long day at work,…
Costs curtailed at the CAT: Clarity and consistency are needed
Parties seeking costs awards from the CAT must understand that the Tribunal has the discretion to award costs: even if a party is entirely successful on their claim, there is no guarantee it will receive its full costs, if any.…
Condo record access exemptions – owners and directors
In our Spring 2023 Issue of Condo Alert! we look at the CAT’s recent decisions refusing access to records. The often used “litigation exemption” is examined in the context of a longstanding and far reaching dispute between an owner and…
“Clearly visible signs” from CAT on jurisdiction
Choose your words, win your battle
The Condominium Authority Tribunal (“CAT”) and Superior Court operate on virtual platforms, with CAT hearings typically concluding via written argument. These forums have their own rules and directions and, occasionally, comments from adjudicators to guide process. This decision from the…
Fighting fire with fire – Eviction under the Condo Act remains exceptionally rare
Before CAT, condominiums typically brought compliance applications under s. 134 of the Condo Act to force unwilling residents to comply with the Condo Act and the condo’s declaration, by-laws and rules. And beyond ordering compliance with the Condo Act, declaration,…