We are excited to announce that Heenan Blaikie’s condominium team is a newly registered member of the Canadian Condominium Institute’s Golden Horseshoe Chapter, and was featured in the New Member Profile in the Winter 2013 CondoNews of the Golden Horseshoe. We look forward to serving new clients in the Golden Horseshoe. For more information and to read the New Member Profile, please click here to contact the Canadian Condominium Institute of the Golden Horseshoe to obtain a copy of the magazine.
Denise Lash is a featured contributor to the Winter 2013 edition of CondoNews of the Golden Horseshoe. In her article “Board Members: Beware of Requisitions Containing False Information”, Denise reviews a recent case where a condominium board was presented with a requisition littered with false information about the corporation’s financial state of affairs.
Denise discusses the decision in this case and what condominium corporations should do in the event they receive a requisition with false or misleading information.
“Based on this case, if a Board receives a requisition that contains false or misleading information, the Board should consult with legal counsel to determine whether it is required to call the requisitioned meeting”
To read Denise’s full commentary, please click here to contact the Canadian Condominium Institute of the Golden Horseshoe to obtain a copy of the magazine.
Barbara Holmes is a contributor in the winter 2012 edition of Condominium Manager magazine. In her featured article entitled “Cleaning Up a Hoarder’s Unit” Barbara discusses the concerns that a condominium corporation faces upon discovering that a hoarder is living in a condominium unit: fire hazards, insurance coverage problems, health risks, pests and vermin and decreased market values.
She also speaks about the various avenues available to assist a condominium corporation in getting the unit cleaned up, and in particular, describes how one condominium corporation successfully dealt with this challenging issue.
“In the aftermath of the Wellesley Street fire, we understand that the Ontario Fire Marshall’s office is now giving direction to local fire departments to enable them to utilize the powers provided under the Fire Protection and Prevention Act.”
You can read Barbara’s full commentary beginning on page 35 of the Condominium Manager magazine. For more information about obtaining a copy, please contact ACMO.
Shawn Pulver is a featured author in the fall 2012 edition of the Canadian Condominium Institute’s the Condo Voice magazine. In his article “Tarion Overhaul of Major Structural Defect Procedures”, Shawn discusses the significant changes made to Tarion’s structural defect claims process. These changes will affect all condominiums where the first arms-length agreement of purchase and sale was signed after July 1, 2012. Under the new regime Tarion has expanded the definition of major structural defects (“MSD”) by referring to three separate tests, and has clarified the types of deficiencies excluded from MSD coverage.
“It will be interesting to see how these changes affect condominium corporations, and whether the “three test” definition will give rise to more MSD claims being approved by Tarion.”
You can read Shawn’s commentary beginning on page 33 of the Condo Voice magazine. For more information on obtaining a copy of the Condo Voice, please contact CCI at the link provided.
Joseph Salmon is featured in the latest edition of the Condo Voice magazine, in his article “Conflict Between Condominium Declaration and Religious Practices”. Joseph discusses the issues faced by condominium corporations enforcing their declarations, by-laws and rules and when corporations should use discretion and obtain legal counsel prior to enforcement. Joseph explains situations where owners have displayed religious items on the exterior of their units in keeping with their faith and traditions.
“Common practice amongst most members of the Jewish faith is to affix a small ritual item on their doorposts known as a mezuzah, which contains biblical verses written on parchment.”
He also points to examples where condominium associations in the United States unsuccessfully tried to force owners to remove the mezuzah.
“A Florida condominium association was deemed to have discriminated against a unit owner when it threatened her with a fine if she did not remove her mezuzah from her exterior door.”
You can read Joseph’s commentary beginning on page 58 of the Condo Voice magazine. For more information on obtaining a copy of the Condo Voice, please contact CCI at the link provided.
Click here for The Condo Report: All about pets in condominiums.
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.
With the record-breaking number of new condominium construction in the greater Toronto area downtown core, it's pretty obvious that many people are interested in buying units. But for those out-of-town investors, renting is the most practical thing to do. In the latest issue of Condominia, Denise discusses the importance for condo buyers to understand their rights and obligations not only as a condo owner, but as a landlord:
The Condominium Act requires that owners who rent their units provide the condominium corporation with a copy of the lease (or a summary of lease) and the addresses of the owner to which notices can be sent by the corporation.
Click here to read the rest of the article.
Heenan Blaikie's Denise Lash and Barbara Holmes have published an article in the latest edition of Travel Law Quarterly entitled "We Have You On Camera," which discusses the case decision, Nader v Carlyle Condominiums. Denise and Barbara focus their article on the Court of Appeal decision that considered whether a condominium association should assume liability for a pool drowning in relation to video surveillance cameras that were installed around the pool.
Click here to read other articles from the Journal, which is published four times a year and is focused on travel law, cruise law, air law, timeshare, hotel law as well as the regulation and licensing of the travel industry.
Denise Lash has penned another article for Legal Eye, her regular column in Condominia magazine. “Good Neighbour Rules” discusses the importance for condominium corporations to set realistic rules and guidelines for outdoor spaces for when condo residents move their socializing to the grounds of their building:
Most types of these types of (outdoor) spaces, such as balconies and patios, are legally defined as exclusive-use common elements. This means that although these areas are only used by the unit owners ( and not other unit owners), it is still a common element and is governed by the rules of the condominium corporation.
You can read the article on Page 22 of the digital magazine.
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!
Denise Lash will be providing a regular column, "Legal Eye" for the new online magazine, Condominia, which recently hit virtual newsstands.
Published 5 times a year, Denise kicked off the premiere issue with an article about thinking green when purchasing a condo. You can read the article here. Enjoy!
Heenan Blaikie is Building: A Construction Business Seminar – November 24, 2010 – Toronto
In this half day seminar, lawyers from various Heenan Blaikie practice groups will give you the information you need to know on the latest developments affecting your construction properties. You will hear presentations from our Litigation, Condo, Intellectual Property, Business Law and Labour & Employment groups that will help you answer the following questions:
► Why should you take your construction contracts seriously?
► What are the latest trends in procurement law?
► Who actually owns your project’s design?
► What should you do in response to a workplace accident?
► What do you need to know about construction liens?
► How can you prepare for (and avoid) construction claims?
Online by November 17, 2010, at events.heenan.ca/2010-11-24.htm
Phone: 416 643.6831
Date: Wednesday November 24, 2010
Time: 8:15 A.M. - 1:00 P.M.
Location: Heenan Blaikie LLP
Bay Adelaide Centre
333 Bay Street, 29th Floor
Toronto, Ontario M5H 2T4
This seminar is complimentary for friends and clients of the firm, and will be made available by Webex and Teleconference upon request.
Space is limited.
PM Expo - December 1-3, 2010 - Toronto: Geza Banfai, a partner in Heenan Blaikie’s Infrastructure & Construction Litigation practice group and Denise Lash, a partner in Heenan Blaikies Real Estate practice group, will speak at the upcoming PM Expo (The Property Management Exposition and Conference).Geza will speak on the topic of “Construction Law Review: An Update on Contracts, Risk Management, and Code & Regulatory Challenges” and Denise will speak on “Legal Issues for Condominiums: ‘What you don't know can hurt you’”. For more information, please visit pmexpo.com.
HB in the News
Howard Krupat, a partner in Heenan Blaikie’s Infrastructure & Construction Litigation practice group is quoted in an article entitled "Unanticipated site conditions can lead to delays, legal action", appearing in the November 4, 2010 issue of the Daily Commercial News.
Denise Lash wrote an article entitled “Welcoming input brings welcome results” in the October 2010 issue of Condo Business magazine.