In Legal Eye, Denise Lash's column for Condominia Magazine she provides a commentary on whether a home inspection in needed for condominium purchasers:
The condominium inspection will involve inspecting the unit and may also reveal the general state of repairs of the building itself.
You can read the rest of the article here. Enjoy! 
Over the past few years, more and more condominium associations in the U.S. have had to deal with issues that most have never had to face before; owners walking away from their condominium units due to the economic downturn and associations unable to meet their operating expenses because maintenance fees have not been paid by the owners.
Fortunately in Canada, condominium corporations have rarely had to face similar circumstances. Although owners may fall into arrears from time to time, most condominium corporations are able to secure the payment of those expenses by lien and have those arrears either paid by a mortgagee or the owner. The collection process enables the condominium corporation to collect arrears and pay the operating expenses to properly maintain the property.
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any condominium corporations still have in place the developer's standard rules.
Developer rules tend to be "one-size-fits-all", and who knows how long ago they were originally drafted. Times change - some rules may no longer be needed, while others should be amended or added to. Consider the following which are commonly found in developer rules:
1. "No mops, brooms, dusters, rags or bedding shall be shaken from any window or door." Does anyone ever do this any more? Isn't this a household chore that disappeared with the proliferation of automatic washing machines and vacuum cleaners?
2. "Water shall not be left running unless in actual use." Does anyone intentionally leave the water running when not being used?
3. "No auction sales shall be conducted in any unit." With the popularity of e-bay, craigslist and other on-line selling sites, how likely is it that a resident would be conducting a sales auction from a residential unit?
4. "Smoking is prohibited in all elevators." Isn't this redundant in view of the fact that smoking in elevators is prohibited by law?
5. "Firecrackers or other fireworks are not permitted in any unit or in the common elements." The prohibition of fireworks in the common elements is understandable, but what prompted the prohibition in the units?
6. "No duplication of keys shall be permitted except with the authorization of the Board." With so many condominiums utilizing fobs and access cards, this rule does not reflect the times.
The board of directors of the Corporation should be reviewing its rules on a periodic basis to ensure that it has in place the rules it needs to adequately address the concerns of its residents. Rules need to be tailored to each condominium corporation due to the uniqueness of the community, the physical structure and the location of the condominium.
In a future blog entry, we will talk about some rules that corporations should consider adding.
You may recall the case of a 41 year old stockbroker who was forced to sell her unit as a result of her violent, threatening and harmful conduct against property and against other owners.
In another similar case, which was decided on April 13, 2011, the Court concluded that one of the owners had engaged in aggressive behaviour towards other unit owners, their guests, and management. The owner had previously been convicted and had served jail time for various criminal offences relating to his conduct towards other owners and visitors.
Accessibility Standards for Customer Service: The Clock is Ticking…
The clock is ticking for condominium buildings: beginning January 1, 2012, private sector organizations in Ontario will be required to comply with the first of five standards to be developed under the Accessibility for Ontarians with Disabilities Act. The purpose of the Act is to develop standards to reduce barriers that limit the full participation of people with disabilities in various aspects of society; specifically access to goods and services, employment, transportation, and information and communications.
The first of these five standards, the Accessibility Standards for Customer Service, is currently in force for designated public sector organizations. As of next year, the standard will apply to any organization providing goods or services “to members of the public or other third parties and that has at least one employee in Ontario”. The definition is broad enough to capture condominiums which provide services (concierge, reception, etc.) to members of the public (this could include visitors for instance) or third parties (other organizations).
On Friday May 13th, the Condo Reporter’s Rodrigue Escayola will present at the 17th Annual East Region Solicitors Conference on compliance orders and what steps condominium corporations can take to evict and force an owner to sell when the owner does not comply with the Act, the declaration, the by-laws or rules. His presentation and article, “Thou Shalt Love Thy Neighbour” is centered on the Metropolitan Toronto Condominium Corporation No. 747 v. Korolekh, 2010 ONSC 4448 case, that Heenan Blaikie’s Ryan Treleaven previously wrote about here and on the more recent case of Waterloo North Condominium No. 168 v. Webb.
The conference, the most important and influential legal conference for Solicitors in Eastern Ontario, is organized by the County of Carleton Law Association and will be held in Fairmont Le Chateau Montebello in Montebello, Quebec, on Friday May 13th and Saturday May 14th.
Heenan Blaikie's Condominium Group represents the interests of condominium corporations, co-operatives and co-ownerships, condominium developers and financial institutions throughout Ontario. More...
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