Condo Owners Forced Out By Fire

Posted by Barbara Holmes on February 22, 2013

Thumbnail image for Apartment Window Fire.jpgA recent article in the Toronto Star, Marco Chown Oved reported that residents of a condo building that caught on fire a few weeks ago will be out of their units for several months before the fire-damaged generator can be repaired. Some of the residents indicated that they did not have insurance coverage to cover the costs of alternate temporary accommodation. This was exacerbated by the fact that they were still required to pay their monthly common  fees, even though they did not have access to their units.  We expect that in many cases the residents didn’t ever address their minds to the possibility of this type of situation happening. Without fully understanding their obligations as an owner, they assumed that the obligation to pay common expenses would fall into abeyance until their units were habitable. 

In order to avoid finding the residents of your condo in this unfortunate predicament, we suggest that boards and management communicate with owners so that they understand what proactive steps they can take.  For many owners, especially those new to condominium home ownership, their failure to obtain adequate insurance may have resulted from a lack of awareness of their obligations and how to protect themselves. 

Corporations that do not have a standard unit by-law in place should consider enacting one, so that in the event of damage it is clear what is the responsibility of the Corporation to insure and repair and what is the responsibility of the unit owners to insure and to repair.

Protecting your Condominium against Natural Disasters

Posted by Michael Byers on November 06, 2012

iStock_000016767558Medium.jpgOver the past week or so, many of us have seen or read about the damage that superstorm Sandy has wrought on much of the Eastern United States. The effects have been nothing short of devastating. Many have died and (as of the date of writing) estimates for total damage to property caused by superstorm Sandy amount to as high as $20 billion.

Although Ontarians were fortunately spared from the worst of superstorm Sandy’s wrath, we do not live in isolation from extreme or dangerous weather. Hurricane Hazel, Canada’s deadliest-ever natural disaster, killed 81 people in the Greater Toronto Area in 1954. Tornados are fairly common throughout Southern Ontario; earthquakes are not unknown (although usually relatively minor). Fires and floods – whether natural or human in origin – happen as well.

Events like superstorm Sandy bring home how critical it is for boards of directors of condominium corporations to recognize the seriousness of the risks posed by disasters (whether natural or man-made), and to plan accordingly.

 

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The Differences Between Owning a House and Owning a Condominium

Posted by Admin on April 19, 2012

If you have wanted a detailed list cataloguing the differences between owning a home and owning a condominium you are in luck! Denise Lash recently presented to a large group at an HSBC event on the Differences Between Owning a House and Owning a Condominium.

Key topics of the presentation included:

  • Title / Ownership
  • Operation / Management
  • Compliance with Laws and Regulations
  • Pets
  • Alterations
  • Noise Issues
  • Move In / Move Out
  • Reserve Fund
  • Insurance

The presentation also included the following review sheets and checklists:

Please visit the Condo Reporter Seminars page to review our up-and-coming events. Please click here to register for our next seminar titled Battle of the Proxies: Everything a Condominium Corporation Needs to Know About Proxies! The session will be held atHeenan Blaikie's Toronto office located at 333 Bay Street, 29th Floor. You may also participate via Live Stream by simply logging onto www.condoreporter.com. Prior registration is required to view the Live Stream.

Condo Corporation's Duty to Repair After Damage

Posted by Barbara Holmes on March 30, 2012

Section 89 of the Condominium Act provides that it is the Corporation's duty to repair the units and common elements after damage, excluding improvements made to a unit, unless otherwise set out in the Corporation's declaration (as contemplated in Section 91 of the Act). In the event that a unit is damaged by fire, what are the Corporation's specific obligations to the unit owner? This question was recently considered by the court in the case of Demetriou v. Carleton Condominium Corp. No. 59.Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for Condo garden ottawa ontario.JPG

A townhouse unit, which was rented to a tenant, was damaged by fire to the extent that the unit became uninhabitable (but there was no structural damage) and almost all of the tenant's possessions in the unit were rendered unsalvageable.  The townhouse included a basement washroom which constituted an improvement over and above the standard unit. Neither the owner nor the tenant had any insurance. It took approximately nine months for the Corporation to complete the repairs to the state where it was fit for habitation and an occupancy permit could be obtained. Before starting any work, the Corporation waited several months until the owner signed a letter acknowledging that he would be responsible for the deductible. The Corporation also billed the unit owner over $7,500.00 for the storage and ultimate disposal of the damaged contents in the unit, which the unit owner paid to avoid a lien, as the unit was subsequently listed for sale by the owner. It was the unit owner's position that the unit should have been repaired and ready for occupancy in approximately four months.

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Who is responsible to repair and pay for flood damage in a condominium unit?

Posted by Rod Escayola on March 06, 2012

construction pilones.JPGWe were recently asked to provide advice following a flood in a condominium unit.  The condominium corporation was surprised to hear that it may have the obligation to repair the unit despite the fact that the damage was limited to the unit.

To better understand the obligations of the owners and those of the condominium corporation in case of a flood, it is important to understand the difference between the obligations to “maintain” and the obligation to “repair after damage”.

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