Denise Lash Interviewed in The Grid Magazine

Posted by Admin on January 25, 2012

The Grid, Toronto’s weekly magazine, interviewed Denise Lash for their “Ask an Expert” column. Denise answers questions from first-time condo buyers, such as the definition and relevance of status certificates. Denise previously provided a more detailed description of status certificates last December on the Condo Reporter.

Denise also wrote a previous post which listed ten tips to assist first-time condo purchasers in understanding what it is like to live in a condominium community.

You can read more of “Ask an Expert” on The Grid’s website.

Occupancy Standards in Condos - How Many is Too Many?

Posted by Barbara Holmes on January 24, 2012

Penguin2.jpgIn a recent blog, we reported that the courts have confirmed that single-family restrictions contained in the rules or declaration of a condominium corporation are valid. The courts have noted that there are valid concerns that arise where the number of units with multiple tenants increase: excessive noise, littering, parking problems, damage to property, an increase in common expenses, and ultimately a negative effect on property values.

Even if all of the residents in a unit are part of the same family, similar issues can arise where the number of residents in a unit is excessive. For this reason, many condominium corporations are enacting occupancy standards by-laws, which specify the maximum number of people who can occupy a unit. The condominium corporation can choose between the standard under the municipal zoning by-law, (frequently one person per a set number of square feet), or the usually more restrictive maximum permitted by the Ontario Building Code, which is two persons per sleeping room in a dwelling unit. Sleeping room should be defined in the by-law as a bedroom or other area in a dwelling unit designed for sleeping as established by the as-built building plans, architectural plans or the corporation's registered description. This will prevent unit owners from subdividing their unit and creating more bedrooms than the unit was originally designed for, or using as bedrooms, rooms not originally intended as bedrooms, in order to accommodate more residents.

Continue Reading

Condo Loans for Energy Efficiency Improvements

Posted by Denise Lash on January 24, 2012

Thumbnail image for Lightbulb.jpgCondominium Corporations considering doing common element improvements to reduce energy consumption costs, should be interested in a new mortgage loan insurance product just launched by CMHC.  Click here for more information.

 




Court-Appointed administrators (Part Two)

Posted by Rod Escayola on January 17, 2012

Vieux Port winter - R. Escayola Jan 2012In my recent blog posting, I discussed the factors that courts will consider before setting aside an elected condominium board of directors to impose a court-appointed administrator.

Below are some examples where the courts have intervened and appointed an administrator. They include situations where:

  • the corporation is in serious financial trouble, where independent auditors have determined the existence of irregularities in the financial records, or where the financial interests of the owners are at risk;
  • there are ongoing breaches to the fire code or building code regulations or the corporation has operated for numerous years without following the legislation;
  • the property is in a state of disrepair and neglect, requiring immediate attention and the corporation has been without a property manager for numerous months;
  • the corporation has gone without an AGM or a board election or the board has not presented financial statements for an extended period of time;
  • there has been deliberate misconduct on the part of the board of directors; and,
  • the reserve fund is “flat broke” and the property is unsafe or requiring urgent work.

These are, of course, only examples and the court’s decision will turn on the specific facts of each case.

Continue Reading

Denise Lash and Barbara Holmes in CM Magazine

Posted by Admin on January 09, 2012

In the latest issue of Condominium Magazine, Denise Lash and Barbara Holmes discuss the importance of condominium corporations periodically reviewing their bylaws.

Bylaws put in place by developers are generally “one size fits all.” As such, they may not satisfactorily deal with the unique issues of concern for a particular condominium.

Depending on the nature of the condominium, such as the age of the building, resident demographics, the dynamics between board members and residents, and the amount of insurance claims the corporation has incurred, a condominium corporation's bylaws need to be tailored to adequately address those issues.

 Click here to read the article.

AODA Deadlines Have Arrived! Is your Organization Compliant?

Posted by Jason Rivait on January 09, 2012

The first deadline for organizations to comply with the accessibility requirements set out in the Accessibility Standards for Customer Service (“Customer Service Standard”) under the Accessibility for Ontarians with Disabilities Act (“AODA”) has now arrived. 

Has your business or organization taken the necessary steps to ensure compliance? 

DO YOU HAVE QUESTIONS ABOUT…

WHO is required to comply with the AODA;

WHAT steps your organization needs to be take to achieve compliance;

WHERE you can access helpful materials to assist with compliance;

WHEN your organization must be compliant with the different requirements; 

HOW your organization can ensure compliance; or

WHY your organization is required to comply?

If so, we strongly encourage you to attend our upcoming Managing the Workplace Seminar on Complying with the Accessibility for Ontarians with Disabilities Act: Who, What, Where, When, How and Why?” which will take place on January 19, 2012. 

To obtain additional information and to register for this seminar, please visit our Managing the Workplace Website.  

We look forward to seeing you there!!

Court-Appointed administrators of Condo Corporations (Part One)

Posted by Rod Escayola on January 05, 2012

Vieux Port.JPGThe 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, the Act provides a mechanism for owners to requisition a meeting of owners to remove one or more board members.

In addition, the owners (or the corporation itself) can apply to the courts for the appointment of an administrator to take over the administration of the condominium corporation.

Imagine for instance, a situation where a condominium corporation has accumulated extensive debts and becomes unable to meet its payment obligations for utilities and municipal taxes. Rapidly, annual general meetings become “chaotic with blame being heaped on others for the corporation’s problems” and election campaigns become personal and acrimonious. Various factions of owners attempt to have the board removed, while the board accuses former board members of causing “internal strife and in-fighting”. The level of hostilities between residents, owners and board members quickly escalates while the corporation remains on the "brink of financial collapse". In such circumstances, even the most well-intentioned boards can become dysfunctional and unable to effectively manage the corporation.

Continue Reading

Denise Lash and Barbara Holmes in Condo Voice Magazine

Posted by Admin on January 05, 2012

In the latest issue of Condo Voice Magazine, Denise Lash and Barbara Holmes discuss the potential liabilities that condominium corporations face in relation to swimming pools and hot tubs in condominiums. 

The Condominium Act provides that for the purposes of occupiers' liability, the condominium corporation is the occupier of the common elements and therefore is bound by the Occupiers Liability Act with respect to the common elements.

Denise and Barbara recommend steps that condominium corporations can take to minimize risks.  In addition, they also provide suggestions for condominium corporations to improve their current rules.

Condominium Swimming Pools: Potential Liability for Condominium Corporations was published in the Winter edition of the quarterly print publication.

Controversies in Condo Living

Posted by Barbara Holmes on January 04, 2012

Homes Florida Jan 2012.jpgThe potential issues that condominium corporations have to deal with appear to be limitless and there is no predicting what kinds of situations and controversies the Board will need to grapple with.

I recently spent a week's vacation at a Florida condominium. Here are some issues that condominium has faced: 

1. While I was there, someone in the elevator announced that she had just attended a meeting at which the entire meeting dwelt upon whether the nativity scene in the building lobby could remain there. Apparently, there was a complaint by one or more residents about this. (There was also a Christmas tree and menorah in the lobby). If the person in the elevator was a Board member, it looks like she was not concerned about confidentiality of matters discussed at Board meetings. In any event, the nativity scene was still there at the end of the week. 

2. One of the residents wore a thong at the swimming pool. Apparently, there had been considerable controversy about whether this was acceptable poolside attire. I was told that the condominium association's president had previously taken rear photos of the woman in the thong so that she could display them to the Board members and owners to substantiate her position that such attire was offensive and not appropriate in an environment where children were permitted. The thong wearer had retained a lawyer and continues to wear the thong at the swimming pool. Once again, individual freedoms need to be weighed against what is best for the condominium community as a whole. 

 3. At some point (fortunately not during my visit), someone defecated in the swimming pool. There was considerable speculation as to whether the culprit was a baby or one of the adults. This is similar to the  issues that we previously blogged about regarding the Ontario Human Rights Tribunal decision, Pantoliano v. MTCC No. 570 and YCC No. 531. 

2011 Clawbies - The Canadian Law Blog Awards

Posted by Denise Lash on December 28, 2011

ballot-box1.jpgEarlier this month the 2011 Clawbies Canadian Law Blog Awards announced the opening of their nominations. Here are the Condo Reporter’s nominations:

Workplacewire.ca: Heenan Blaikie’s labour, employment and pension law blog went live in July of this year. Trying to cajole more than 5 lawyers to regularly post is not an easy task, so we must give credit to the 28 lawyers who have volunteered their time to contribute to the primarily Ontario-based law blog. In addition to featuring posts from various point of views, the blog hosts the practice groups’ many newsletters which range from the latest news on Ontario health and safety and workers’ compensation issues, labour law and pension and benefits law, and also provides downloadable workshop materials from the groups’ popular Managing the Workplace Series.

Entertainment and Media Law Signal: Previously honoured by the Clawbies, the Entertainment and Media Law Signal continue to be very generous with their praise for other blog content and provide unique perspectives in a conversational and friendly manner to spark both online and offline conversations. Bob Tarantino’s excellent work was acknowledged by the Clawbies in 2010, and as a colleague, we are happy that he has continued to provide regular and insightful posts despite have an extremely busy practice this year.

Michael Giest: Because of how influential he is in the law blogosphere, we are sure that we are not the only ones who will be nominating Michael. He deserves our praise as a thought leader in intellectual property law, and hosts a go-to site for some of the most up-to-date and relevant posts among Canadian law bloggers.

You can read more about the annual Clawbie awards at their website, and you can also track the nomination process via Twitter by searching #Clawbies2011.