Generated by All in One SEO v5.0.0.1, this is an llms.txt file, used by LLMs to index the site. # Stack LLP A Smarter Way to Condo Law ## Sitemaps - [XML Sitemap](https://stackcondolaw.com/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [Blog](https://stackcondolaw.com/blog/) - STACKed | Condo Adviser Home Blog List Search categorycategory Select Category Access to unit (2) Accommodation (14) AGM (31) Agreements (7) Alterations (5) Amendments to the Condo Act (60) Announcements (51) Annual General Meetings (14) Arrears (16) Assessment Fee (CAO) (2) Audit (1) Board Meetings (9) Board of Directors (38) Budget (15) Building Deficiencies (6) By-laws (15) Cannabis (10) CAO (15) CMRAO (7) Common Elements (23) Common Expenses (22) Communication to owners (9) Compliance (48) Condo Authority of - [Can Condos Prohibit E-Bikes and E-Scooters?](https://stackcondolaw.com/can-condos-prohibit-e-bikes-and-e-scooters/) - The CAT gives blanket e-bike bans the green light: properly adopted, uniformly enforced safety rules can stand, even without expert evidence. - [Webinar: Legal Fee Chargebacks: Now What?](https://stackcondolaw.com/webinar-legal-fee-chargebacks-now-what/) - The law governing condo legal fee chargebacks has changed, and condos must now rethink how they recover legal expenses. - [New CAT Rules Coming October 1: Here’s What You Need to Know](https://stackcondolaw.com/new-cat-rules-coming-october-1-2026-heres-what-you-need-to-know/) - The CAT is getting a facelift: a new online platform, new rules, easier service, tighter timelines—and a notable rewrite of the costs rule. - [Major Overhaul of Requisitioned Meetings: What You Need to Know](https://stackcondolaw.com/major-overhaul-of-requisitioned-meetings-what-you-need-to-know/) - Effective December 31, significant changes will affect how condo owners requisition meetings. Here's everything you need to know. - [Corporations Must Act Fast When Condo Owners Requisition a Meeting of Owners](https://stackcondolaw.com/corporations-must-act-fast-when-condo-owners-requisition-a-meeting-of-owners/) - There is presently a fair bit of confusion with respect to how a special meeting of owners is requisitioned and called. This is due, at least in part, to the fact that we are still in a transition period between the "old" and the "new" Condo Act. In this post we explore the steps required - [Who Is Responsible to Repair and Pay for Flood Damage in a Condominium Unit?](https://stackcondolaw.com/who-is-responsible-to-repair-and-pay-for-flood-damage-in-a-condominium-unit/) - There is a great deal of confusion surrounding who is responsible to repair a condominium unit after damage. Naturally, many elements have to be considered such as whether the incident is an insurable one; whether the occupants are at fault; whether the damage is limited to one unit, to the common elements or whether many - [Open Book, Not Open Season: CAT Pushes Back on a Records Fishing Expedition](https://stackcondolaw.com/open-book-not-open-season-cat-pushes-back-on-a-records-fishing-expedition/) - Drafts, working papers and calculations aren't corporate records. The CAT draws the line between transparency and fishing expedition. - [Back to Basics: How to Adopt a Condo By-law](https://stackcondolaw.com/back-to-basics-adopting-a-condo-by-law/) - We have all spent the past few months discussing the nitty gritty of how a pandemic affects a condominium, its directors, managers, and owners. At the time of writing (knock on wood), the public health crisis seems to be relatively under control in the province of Ontario.We therefore take this opportunity to go back to - [Can Condominiums Prevent Short-term Leasing of Units?](https://stackcondolaw.com/can-condominiums-prevent-short-term-leasing-of-units/) - Recently, owners living in an exclusive condominium complex downtown asked me whether there was anything that could be done to prevent short-term leasing of condo units in their complex. Short-term rentals can indeed be quite problematic for a condominium corporation and its owners. We have dealt with many compliance issues which involve units in which - [Special Assessments: The Board Has The Final Word](https://stackcondolaw.com/special-assessments-the-board-has-the-final-word/) - Sometimes a board of directors has no choice but to levy a special assessment in order to proceed with necessary work, maintenance or repairs. Such a decision is rarely well-received by owners, who will most likely question the rationale of the decision and the board’s management of the condominium’s affairs. Even if owners agree that - [Noise Complaints in Condos: The Perils of Failing to Enforce Condo Rules](https://stackcondolaw.com/noise-complaints-in-condos-the-perils-of-failing-to-enforce-condo-rules/) - Property managers and condominium corporations should take noise complaints seriously or risk facing serious financial consequences. In a recent case, a condominium corporation that failed to enforce its rules prohibiting excessive noise was ordered to compensate an owner for the costs incurred to find alternative accommodation and was ordered to pay a significant costs award. - [Condos Can Recover Reasonable Expenses Incurred to Collect Condo Fees Arrears](https://stackcondolaw.com/condos-can-recover-reasonable-expenses-incurred-to-collect-condo-fees-arrears/) - Condo fees are the lifeblood of condominiums. One owner’s failure to pay his share of common expenses causes suffering to all of the other owners in more than one way. First, the innocent owners have to bear the financial burden of the delinquent owner who benefits from services without paying his share. As importantly, the - [Directors Found to Be in Contempt Ordered to Pay $96,000 in Legal Fees](https://stackcondolaw.com/directors-found-to-be-in-contempt-ordered-to-pay-96000-in-legal-fees/) - We previously blogged about the Boily case involving a dispute between some owners and the directors of a Condominium complex in Ottawa. This dispute revolved around the proposed alteration of the condominium’s courtyard. Last March, a judge found the corporation and the directors in contempt of a prior court order and ordered them, for a - [Should Violent Condo Owners Be Forced To Sell And Leave?](https://stackcondolaw.com/should-violent-condo-owners-be-forced-to-sell-and-leave/) - In a recent decision, the Superior Court of Justice was once again asked to determine whether a condominium owner should be forced to move out and sell her unit as a result of her violent and inappropriate conduct towards other owners. The evidence presented in the case showed that Ms. Hayes had committed no less - [How to Fill a Vacancy on a Condo Board of Directors](https://stackcondolaw.com/how-to-fill-a-vacancy-on-a-condo-board-of-directors/) - At each annual general meeting ("AGM"), owners usually elect a certain number of directors for a fixed term in accordance with the corporation's declaration and by-laws. However, during his or her mandate, a director may decide to resign, resulting in a vacancy on the board. We are often asked how the board can fill this - [Condo Owners Must Pay for the Unlawful Conduct of Their Directors](https://stackcondolaw.com/condo-owners-must-pay-for-the-unlawful-conduct-of-their-directors/) - Who should pay the bill when condominium directors act unlawfully and take justice in their own hand? According to the Court of Appeal it may be the owners having elected them! We blogged already on the Ottawa case where condominium directors were found to be in contempt of court when they decided to ignore a - [Can Condominiums Serve Their AGM Package by Email?](https://stackcondolaw.com/can-condominiums-serve-their-agm-package-by-email/) - We are often asked whether condominium boards can send their AGM package by email rather than sending a hard copy by regular mail as it is often the established practice. Subject to the conditions presented below, boards are free to use email when sending notices to owners. The package for a condominium's annual general meeting ("AGM") generally includes - [Ontario Allows Six-Story Wood-Framed Buildings](https://stackcondolaw.com/ontario-allows-six-story-wood-framed-buildings/) - Since January 1st, 2015, Ontario allows for the construction of much higher wood-framed buildings. Through changes to the Ontario Building Code, wood-framed buildings are now allowed to be built up to six-storey high, raising the limit from the prior four-storey limit. According to a press release from the Ministry of Municipal Affairs and Housing, this - [Update on the Condominium Act Review](https://stackcondolaw.com/update-on-the-condominium-act-review/) - In September 2013, the Ontario government, in conjunction with Canada’s Public Policy Forum, published a working paper on changes to the Condominium Act of Ontario. The current Condominium Act in use in Ontario was prepared in the late 1990s and brought into force in 2001. It is widely held that a review of the Act - [Requiring Mandatory Qualifications for Condominium Managers](https://stackcondolaw.com/requiring-mandatory-qualifications-for-condominium-managers/) - On July 18, 2013, the Ontario Ministry of Consumer Services issued a news release confirming that Ontario is working to introduce mandatory qualifications for condominium managers. This is the first of several anticipated changes resulting from the province’s Condominium Act Review to help increase protections for condominium owners, tenants, and buyers. The news release reads: - [Amending a Condominium Declaration Is Not an Easy Task](https://stackcondolaw.com/amending-a-condominium-declaration-is-not-an-easy-task/) - Condominiums and its owners are governed by the Condominium Act but also by the condominium’s governing documents. These governing documents (the declaration, the by-laws and the rules) are part of hierarchy of internal governing documents, with the declaration on top of the pyramid, followed by the by-laws and with the rules at the bottom. Because - [Condo Directors Found in Contempt and Fined](https://stackcondolaw.com/condo-directors-found-in-contempt-and-fined/) - In a recent decision, the Ontario Court of Appeal fined condominium directors for having breached a prior court order. This decision is the culmination of a 3-year legal saga over the landscape of a condominium courtyard. In 2011, the board had to remove the landscape outside of the complex to perform extensive repairs to the - [Conflict of Interest: Better Safe Than Sorry](https://stackcondolaw.com/conflict-of-interest-better-safe-than-sorry/) - With ethics and governance being such a hot topics in the corporate and political world, you won’t be surprised to hear that condominium corporations are no stranger to these concepts. Directors must be conscious of the standard of care expected from them and of the risk of conflict of interest. Sections 40 and 41 of - [A Settlement to Accommodate a Disability Must Be in Writing](https://stackcondolaw.com/a-settlement-to-accommodate-a-disability-must-be-in-writing/) - John Taite and his Ottawa condominium corporation were back before the Human Rights Tribunal recently. The take away this time is that, if you are going to reach an out-of-court settlement, you better put the agreement in writing. This is true in any litigation but is actually required if you want the Human Rights Tribunal - [Condo’s Obligations Under the Occupational Health and Safety Act](https://stackcondolaw.com/condos-obligations-under-the-occupational-health-and-safety-act/) - As of July 1st, 2014, all condominium corporations in Ontario who employ “workers” (superintendants, cleaners or other clerical staff...) will have to ensure that their workers complete a basic occupational health and safety awareness training program that meets the requirements of Regulation 297/13, adopted under the Occupational Health and Safety Act (OHSA). This regulation requires - [How Can Condo Directors Avoid Personal Liability?](https://stackcondolaw.com/how-can-condo-directors-avoid-personal-liability/) - We have, in the recent past, blogged about the Boily case. In this Ottawa case, a board of directors was found to be in contempt of court and was ordered to personally pay in excess of $96,000 in legal costs. Many have asked for an update on this matter and for advice on how directors can protect themselves against - [CCI's Spring Directors' Course: April 18-19 in Ottawa](https://stackcondolaw.com/cccis-spring-directors-course-april-18-19-in-ottawa/) - CCI Ottawa is very excited to present, once again, its much attended Spring Directors' Course. It will be held on April 18 and 19 at the Hellenic Center, at 1315 Prince of Wales Drive. The course addresses all of the key requirements under the Condominium Act and is sure to equip new or seasoned directors with the - [Welcome to Our Brand New Blog!](https://stackcondolaw.com/welcome-to-our-brand-new-blog/) - We are truly very excited to launch Gowlings’ blog on condominium law: the Condo Adviser. We have designed this blog, both in look and content, to be sleek, modern, uncluttered and very easy to use. We aim to provide you with a one-stop shop where you can get timely and reliable advice on all of - [What Does the Pre-Delivery Inspection of a New Condo Entail?](https://stackcondolaw.com/what-does-the-pre-delivery-inspection-of-a-new-condo-entail/) - I recently bought my first home: a brand new condominium unit. In this post, and in more to follow, I intend on blogging about this experience and about the first year in the life of a condominium corporation. After months of anticipation leading up to the date of occupancy, I recently got to set foot, - [Pet Eviction: A Tenant Does Not Have More Rights Than an Owner](https://stackcondolaw.com/pet-eviction-a-tenant-does-not-have-more-rights-than-an-owner/) - The Residential and Tenancies Act, 2006 is the legislation presently applying to landlords and tenants. It provides that “[a] provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.” Consequently, a landlord cannot prevent a tenant from having a pet. However, what does that mean for condominium corporations? Can - [Condominiums Have a Duty to Accommodate Individuals with Disabilities](https://stackcondolaw.com/condominiums-have-a-duty-to-accommodate-individuals-with-disabilities/) - Owners and occupants of condominiums have a duty to comply with the Condominium Act, the declaration and the corporation’s other governing documents. In fact, the board of directors has an obligation to take reasonable steps to ensure that all owners and occupants do, in fact, comply with these governing documents. But condominiums also have a duty - [A Condominium Declaration Can Prohibit Short-term Rentals to Unrelated Students](https://stackcondolaw.com/a-condominium-declaration-can-prohibit-short-term-rentals-to-unrelated-students/) - In a recent Ottawa case, the court confirmed that a condominium corporation can (and should) prohibit the leasing of condo units to unrelated tenants when the condo declaration limits the use of the units to "private single families". The Facts of This Case In this case involving a 38-year old condominium corporation, two factions faced each other: the owners - [A Director Should Not Act Against the Rest of the Board](https://stackcondolaw.com/a-director-should-not-act-against-the-rest-of-the-board/) - Last week, the court rendered a lengthy decision in the Ballingall matter. In this court case, we represented a group of unit owners who successfully enforced the “single family” provision found in the corporation's declaration. Our previous post on this case focused on how the court enforced the condo's single-family provision. This post will focus on the court’s - [A Condo Owner Ordered to Pay $790,000 in Legal Fees](https://stackcondolaw.com/a-condo-owner-ordered-to-pay-790000-in-legal-fees/) - When a condo owner and a condominium corporation face each other in court, often the legal fees incurred become the true object of the litigation. There is no point in winning a case if it is going to cost you more in legal fees than what you recovered. For that reason, traditionally, the successful party - [When Hoarding in Condominiums Becomes a Hazard for Other Residents](https://stackcondolaw.com/when-hoarding-becomes-a-hazard-for-the-other-residents/) - This case involving a housing co-operative provides a good (but sad) example of the difficulties faced by a corporation (be it condominium or co-operative) when faced with a hoarder. In this case, the co-operative appears to have taken all required steps to protect the other co-owners and the corporation. It involved the Police Department, the - [Is the Insurance Industry Turning Its Back on Condominiums?](https://stackcondolaw.com/is-the-insurance-industry-turning-its-back-on-condominiums/) - According to a recent article in the Globe and Mail, shoddy construction, rising claims for water damage and inadequate regulation is leading insurance companies to refuse to insure condominium corporations. In the meantime, premiums and deductibles are skyrocketing. Not just in Vancouver: in Toronto and in Ottawa too. Worse, in some cases, condominium corporations are - [ACMO/CCI Conference in Ottawa ‒ May 29](https://stackcondolaw.com/acmocci-conference-in-ottawa-‒-may-29/) - CCI and ACMO Ottawa are presenting their annual conference and tradeshow on May 29, 2015. This is a great opportunity to meet with industry experts, property managers, trades and service providers and, more importantly, to network with fellow condo directors. The program includes the following presentations: The role of the property manager vs. the role of board - [Can Condos Prohibit Smoking on Balconies?](https://stackcondolaw.com/can-condos-prohibit-smoking-on-balconies/) - Also read our more recent blog post (Oct. 2018): Changes to the Smoke-Free Act Affecting Condos. As part of the province’s Smoke-Free Ontario Strategy, Ontario has taken a further step towards a smoke-free Ontario. As of January 1st, 2015, it is illegal to smoke on or around children’s playgrounds, publicly owned sports fields/surfaces and all bar - [Can Condo Board Meetings Be Held Electronically?](https://stackcondolaw.com/can-condo-board-meetings-be-held-electronically/) - With today's technology, it is very easy for anyone to participate in meetings by telephonic, electronic or other communication means. We are often asked by condo directors whether it is possible to hold their board meetings electronically as opposed to having in-person meetings. The answer is yes, provided that the following conditions are respected. Section 35(5) of the Condominium - [Failing to Repair and Maintain Common Elements Can Amount to Oppression](https://stackcondolaw.com/failing-to-repair-and-maintain-common-elements-can-amount-to-oppression/) - In a case released this week, an Ontario court concluded that it is sometimes insufficient for condominiums to simply investigate and passively attempt to resolve problems with common elements. In Wu v. Peel Condominium Corporation No. 245 the court concluded that the condominium's delays and failure to address the source of excessive noise and vibration emanating from the - [Condominiums Have an Obligation to Prevent Smoking in Common Areas](https://stackcondolaw.com/condominiums-have-an-obligation-to-prevent-smoking-in-common-areas/) - Also read our more recent blog post: Changes to the Smoke-free Act Affecting Condos. Earlier this year, the province of Ontario prohibited smoking on patios of restaurants and bars. We already blogged on whether this new prohibition prevented smoking on exclusive-use balconies in condominiums. While this recent change in the legislation does not appear to - [Amendments to the Condominium Act Are Finally Released!](https://stackcondolaw.com/the-new-condo-act-is-in/) - The wait is finally over! The Amendments to the Condominium Act have finally been introduced at Queen's Park on May 27, 2015. The text of this bill, which is formally entitled "An Act to amend the Condominium Act, 1998, to enact the Condominium Management Services Act, 2015 and to amend other Acts with respect to condominiums" can finally - [What to Do When AirBNB Moves into Your Condominium Complex?](https://stackcondolaw.com/what-to-do-when-airbnb-moves-into-your-condominium-complex/) - Many condominium corporations have had to struggle with owners (or occupants) leasing their units on short-term basis, through AirBNB or other similar short-term rental organizations. These kinds of rentals increase traffic and the burden on the rest of the condominium community, while reducing the safety and security of all. This post aims at providing corporations - [Employers Must Display Employment Standard Information](https://stackcondolaw.com/condos-employing-someone-must-display-the-employment-standard-poster/) - To ensure that employers understand their obligations and that employees know their rights, the Ontario Minister of Labour has published an Employment Standards Poster entitled “Employment Standards in Ontario”. If your condominium corporation has employees (such as a Superintendent or cleaning staff), it is required to post and distribute this poster. The poster describes important rights - [Should Your Condo Corporation Pay HST If It's Not Specifically Included in a Quote?](https://stackcondolaw.com/should-your-condo-corporation-pay-hst-if-its-not-specifically-included-in-a-quote/) - Have you ever faced a situation where a contractor requested taxes over the quoted price? How much should your condominium corporation budget for if all that the contractor quoted was a flat amount without details as to whether it includes HST or not? HST has to be paid and parties cannot contract out of it. However, - [Email Exchanges Between Directors Can Be Defamatory](https://stackcondolaw.com/email-exchanges-between-directors-can-be-defamatory/) - Directors should be careful about what they email to one another or what they email to owners. There are plenty of instances where communications between directors (or communications to owners) have lead to defamation lawsuits. Defamation covers any communication that tends to lower the esteem ordinary members of the public may have of someone. Sometimes, even innuendos - [Amendments to the Condo Act: the New Condo Authority and Condo Tribunal](https://stackcondolaw.com/amendments-to-the-condo-act-the-new-condo-authority-and-condo-tribunal/) - As announced in our post of May 27, the province of Ontario finally released its much anticipated proposed amendments to the Condominium Act. If made into law, Bill 106 will serve to amend our 15 year old Condominium Act as well as other legislation pertaining to condominiums in Ontario. For instance, Bill 106 would amend certain portions - ['New Condo Act': Directors' Qualifications and Disclosure Obligations](https://stackcondolaw.com/directors-qualifications-and-disclosure-obligations-proposed-under-the-new-condo-act/) - Bill 106 was introduced at Queen's Park on May 27, 2015. If adopted, it will introduce sweeping changes to the governance and management of condominiums in Ontario. Since the introduction of this Bill, we have been blogging on the proposed amendments. In this post, we analyse what changes may be made to the qualifications and - ['New Condo Act': Tight Deadlines for Corporations to Adopt and Disclose Their Budget](https://stackcondolaw.com/new-condo-act-tight-deadlines-for-corporations-to-adopt-and-disclose-their-budget/) - In this installment on the changes Bill 106 may bring to the existing Condominium Act, we focus on the changes expected to affect how corporations adopt and disclose their yearly budgets. Bill 106 proposes to add an entire section on corporations’ budgets. This is new as the present Condominium Act is nearly silent on this question. - [Dog Evicted from Condominium Because the Occupant Failed to Prove Her Disability](https://stackcondolaw.com/dog-evicted-from-condominium-because-occupant-failed-to-prove-her-disability/) - Many condominium corporations have rules imposing weight restrictions on pets allowed in the condominium. These restrictions often oppose occupants who wish to keep their pets and corporations who have a duty to enforce their governing documents. This is exactly what happened in the recent court case Simcoe Condominium Corporation No. 89 v. Dominelli. Of particular interest in this case is - [Cockroaches in Toronto, Bedbugs in Ottawa...](https://stackcondolaw.com/cockroaches-in-toronto-bedbugs-in-ottawa/) - In the last 10 days, two court decisions came out dealing with bug infestations. One out of Toronto and the other one out of Ottawa. It is interesting to compare how each corporation addressed the issue and how differently the judge addressed the issue of legal costs. The Toronto Case The first decision came out - [Police Cannot Snoop Around in Common Elements without a Warrant or Permission](https://stackcondolaw.com/police-cannot-snoop-around-in-common-elements-without-a-warrant/) - In a criminal proceeding, the Ontario Court of Appeal recently rendered a decision which should be very interesting to condominium corporations. Basically, the courts had to determine whether police officers were authorized to enter the corporation’s common elements without invitation or warrant to conduct a criminal investigation. In this context, the Court had to answer the - [Rights and Obligations of Condo Tenants: Owners' Obligations when Leasing a Unit](https://stackcondolaw.com/rights-and-obligations-of-condo-tenants-owners-obligations-when-leasing-a-unit/) - One of the hot topic nowadays in the condominium industry pertains to tenants in condos, short-term leasing of units and Airbnb type of short-term rentals. In this post, and in more to follow, I will be blogging about the rights and obligations of condominium corporations, unit owners and tenants with respect to the leasing of - [How to Remove a Condo Director Who Is Acting Unethically](https://stackcondolaw.com/how-to-remove-a-condo-director-who-is-acting-unethically/) - We are often asked what can be done about a rogue director or about a director who acts unethically. This question sometimes comes from other directors and often from dissatisfied owners. The traditional way of removing a director is either to get elected in his/her place at the end of his/her term or to have the - [Federal Elections: What Are the Rules on Electoral Signs and Canvassing in Condos?](https://stackcondolaw.com/federal-elections-what-are-the-rules-on-electoral-signs-and-canvassing-in-condos/) - Federal elections are just around the corner. Blue, green, orange and red electoral signs will soon be popping everywhere and candidates will start canvassing their constituents. Boards and property managers will soon receive requests from candidates and their representatives wanting to access the property for canvassing purposes. More importantly, boards and property managers will have to deal - [Condo Adviser Is Being Republished](https://stackcondolaw.com/condo-adviser-is-being-republished/) - We are happy to report that our post on the proposed amendments to the Ontario Condominium Act was picked up by the August Bulletin of the Vancouver Island Strata Owners Association (see page 6). A far more comprehensive review of the proposed amendments to the Condominium Act can be viewed on Gowlings' Knowledge Centre. This article was - [Deadline to Install Carbon Monoxide Alarms in Condominiums](https://stackcondolaw.com/deadline-to-install-carbon-monoxide-alarms-in-condomoninum/) - Time is running out. By October 15, carbon monoxide alarms will be required near all sleeping areas in Ontario’s residential homes with a fuel-burning appliance or fireplace or which are adjacent to a service room with such appliances or adjacent to a garage. Condominium corporations (as opposed to unit owners) are likely ultimately responsible for the installation, testing and maintenance - [How Will the "New Condo Act" Affect the Calling and Holding of AGMs?](https://stackcondolaw.com/how-will-the-new-condo-act-affect-the-calling-and-holding-of-agms/) - As part of our review of the proposed changes to the Condominium Act, this post will focus on how Bill 106 would affect the calling and holding of condos annual general meetings (“AGMs”). Mandatory advance notices of AGMs If the Bill is adopted as drafted, the province of Ontario would require condominium corporations to provide - [Condo Directors Must Be Willing to Compromise and Find Solutions](https://stackcondolaw.com/condo-directors-must-be-willing-to-compromise-and-find-solutions/) - You may recall our blog on the Ballingall decision, released in April. This case dealt with the enforcement of a single-family provision in a condo declaration. In its decision on costs, released on August 14, 2014, the Court of Justice reminds condo directors that they must be willing to compromise and work with all owners who have legitimate - [The “New Condo Act” Will Significantly Affect the Calling of Special Owners’ Meetings](https://stackcondolaw.com/the-new-condo-act-will-significantly-affect-the-calling-of-special-owners-meetings/) - Bill 106 (the bill presenting changes to the existing Ontario Condominium Act) proposes significant changes to the process by which condo owners can requisition and force the holding of a special owners’ meeting. This post will focus on this. The process under the existing Act As it presently stands, owners can requisition an owners’ meeting - [Should Condominium Corporations Indemnify a Rogue Director Who Has Been Ordered to Pay Costs?](https://stackcondolaw.com/to-what-extent-should-condominium-corporations-indemnify-a-director-who-has-been-ordered-to-pay-costs/) - For those following the case opposing a Durham condominium corporation to its former director Leslie Swan, the Court of Appeal has issued its decision on question of costs. Unfortunately, we will have to wait a while longer before we find out who gets to pay the piper, as the Court of Appeal has referred the question of costs back - [The 'New Condo' Act Moving Through Second Reading](https://stackcondolaw.com/the-new-condo-act-moving-to-second-reading/) - You will certainly recall that Bill 106 (the Act to amend our 1998 Condominium Act and to enact other condo-related legislation) was introduced to the Legislative Assembly of Ontario for first reading on May 27, 2015. After the dog days of summer, Queen's Park has resumed its work this week and the 'new Condo Act' is high - [Second Reading of Bill 106 (To Amend the Condo Act): The Beat Goes On...](https://stackcondolaw.com/second-reading-of-bill-106-the-beat-goes-on/) - For those of you wondering where Bill 106 presently stands in the Ontario Legislative Assembly, it is still being debated in second reading. You will recall that the Bill was first tabled on May 27, 2015. The Bill was tabled for second reading on September 15 by David Orazietti, the Minister of Government and Consumer - [Rights and Obligations of Condo Tenants: Compliance with the Condominium Act and Governing Documents](https://stackcondolaw.com/rights-and-obligations-of-condo-tenants-compliance-with-the-condominium-act-and-governing-documents/) - My previous post dealing with the rights and obligations of condo tenants focused on owner's obligations when leasing a unit. In this post, I will deal with compliance issues and in particular with the tenant's obligation to comply with the Condominium Act and with the condominium’s governing documents. Indeed, both owners and tenants must comply with the Condominium Act as well as the corporation's declaration, - [Changes, Maintenance and Repairs Under the 'New Condo Act'](https://stackcondolaw.com/changes-maintenance-and-repairs-under-the-new-condo-act/) - Some of the most important changes proposed in Bill 106 (which is the proposed legislation aimed at amending our Condominium Act) deal with the responsibilities and obligations related to changes, maintenance and repairs of units and of common elements. Indeed, if the proposed legislation passes, the responsibility to repair a unit after damage may no longer fall on the corporation - [Bill 106 Passed Second Reading and Was Sent to Committee](https://stackcondolaw.com/bill-106-passed-second-reading-and-was-sent-to-committee/) - Finally! After more than 10 hours of debate in second reading at the Ontario Legislative Assembly, Bill 106 (an Act to amend the Ontario Condominium Act and other related legislation) passed second reading. This Bill has now been referred to the Standing Committee on Finance and Economic Affairs. What is interesting about the conclusion of - [The Standing Committee Is Seeking Input on Bill 106](https://stackcondolaw.com/have-your-say-on-bill-106/) - As most know by now, Bill 106 (an Act to amend the Condominium Act and other condo-related legislation) passed second reading on October 7, 2015. It was then referred to the Standing Committee on Finance and Economic Affairs. Then what? Oral Submissions to the Committee This Standing Committee will hold public hearings in Toronto to consider Bill - [New Rules Applicable to Condominium Corporate Records Under the "New Act"](https://stackcondolaw.com/new-rules-applicable-to-condominium-corporate-records-under-the-new-act/) - Bill 106 (the Act aimed at amending Ontario's Condominium Act and other condominium-related legislation) is still before the Standing Committee on Finance and Economic Affairs. This Committee held two public hearings recently, on October 22 and 29, 2015. With the benefit of these additional public consultations, and of any written submissions which were to be received - [Directors' Course in Ottawa and Condo Conference in Kingston](https://stackcondolaw.com/directors-course-in-ottawa-and-condo-conference-in-kingston/) - It's a busy condo week in Eastern Ontario! ACMO and CCI-Eastern Ontario are, once again, joining forces to hold their Second Annual Kingston Condo Conference. Our own Rod Escayola will speak on Airbnb and short-term rentals in condos and will join the expert panel to speak on the expected amendments to Ontario's Condominium Act. Some - [Does PIPEDA Apply to Condominiums?](https://stackcondolaw.com/does-pipeda-apply-to-condominiums/) - Condominium corporations inevitably collect personal information. This information includes the name, address and phone numbers of owners and residents. Corporations may also collect information related to the lease of units, owner’s arrears or breaches of governing documents. In fact, Condominium corporations are mandated by the Condominium Act to collect such information and in many cases to retain it. - [The New Condo Act Has Been Adopted.... But Is Not in Force Yet](https://stackcondolaw.com/the-new-condo-act-has-been-adopted-but-is-not-in-force-yet/) - Finally! Bill 106 (an Act to amend the Ontario Condominium Act and other related legislation) passed third and final reading on December 2, 2015. A little known fact is that it also received royal assent on December 3, 2015. The Honourable David Orazietti (the Minister of Government and Consumer Services) was proud to introduce this - [Ottawa Condominium Ordered to Allow Pay-and-Display Parking](https://stackcondolaw.com/ottawa-condominium-ordered-to-allow-pay-and-display-parking/) - In a recent Ottawa decision**, the court confirmed again that condominium corporations must be careful to properly balance the interests of all owners - even the sole commercial owner. This case opposed the interests of a parking operator who wished to operate a parking business permitted in the condo's declaration and the residential owners who felt such a - [Condo Corporations Owe a Fiduciary Duty to Owners in Breach of the Rules](https://stackcondolaw.com/condo-corporations-have-a-fiduciary-duty-towards-owners-in-breach-of-the-rules/) - This is the recent story of an Ottawa condominium corporation who brought a compliance application against the occupant of a unit. Unfortunately for the corporation, when came the time to rule on legal costs, the corporation was reminded that it must consider and balance the interests of all owners... even those in breach of the rules. Facts of - [Happy Holidays!](https://stackcondolaw.com/happy-holidays/) - You would not know it looking out your window, but that time of year is upon us again. For many, a time to gather, a time to share and a time to celebrate with loved ones. This time of year is also a time to look back and celebrate the many joys and accomplishments of a year coming - [Dog in Breach of Rules Ends up Costing a Lot to Its Owner](https://stackcondolaw.com/dog-in-breach-of-rules-ends-up-costing-a-lot-to-its-owner/) - I wrote about “Peaches”, an “overweight” dog who was permanently evicted from the condominium corporation because the occupants failed to prove that Ms. Labranche had a disability requiring her to have this specific dog. The fact of the matter is that the dog exceeded the 25-pound weight restriction imposed by the condominium’s rules. Since then, the - [A Condo Year in Review - Our Top 10 Most Popular Posts of 2015](https://stackcondolaw.com/a-condo-year-in-review-our-top-10-most-popular-posts-of-2015/) - As most of Ontario was hit with its first snow storm of the winter, I sat down to take stock of 2015. And what a year it has been for us and for the Condo Adviser! Since our launch on March 24, 2015, we published more than 70 posts! Best of all, the response from our readers has - [Condo Adviser Awarded "Best Practice Group Blog Award" by Clawbies](https://stackcondolaw.com/condo-adviser-awarded-best-practice-group-blog-award-by-clawbies/) - The winners of the 10th Annual Canadian Law Blog Awards (the Clawbies) were announced on December 31, 2015. We are honoured and delighted to report that Condo Adviser was awarded the Best Practice Group Blog Award! This category rewards blogs by practice or industry groups in large law firms. Clawbies describes this category as one providing - [Condominiums Can Be Liable For Dog Attacks on Common Elements](https://stackcondolaw.com/condominiums-can-be-liable-for-dog-attacks-on-common-elements/) - There is no shortage of reported legal cases where pets and condominium corporations are adversaries. Many cases deal with the nuisance of a barking dog or with dogs in breaches of the corporation’s rules. But there is an increasing number of cases dealing with dog attacks on common property. In such cases, both the corporation - [How to Ensure "Condo Fees" Are Paid Before the Mortgage in Cases of Default?](https://stackcondolaw.com/how-to-ensure-condo-fees-are-paid-before-the-mortgage-in-cases-of-default/) - The timely payment of common expenses (commonly referred to as “condo fees”) is essential to the survival of condominium corporations. For this reason, the Condominium Act has put in place various mechanisms to facilitate the collection of these common expenses. One of these mechanisms is the corporation's ability to register a lien on the defaulting - [Condominiums Can Prevent Smoking in Units](https://stackcondolaw.com/condominiums-can-prevent-smoking-in-units/) - We already blogged on smoking restrictions in common elements and on exclusive-use balconies. But what about smoking in units? Can a condominium corporation prevent an occupant from smoking in his own home? The short answer is yes. In Ontario, such a prohibition would have to be enshrined in the condominium's declaration or in a rule adopted - [New Condo Act: Very Few Amendments Were Made at the Committee Level](https://stackcondolaw.com/new-condo-act-very-few-amendments-were-made-at-the-committee-level/) - We all know that Bill 106 (the Act amending Ontario’s Condominium Act and other related legislation) was adopted and received Royal Assent in December 2015. It did so after the required three readings before the Legislative Assembly and after having been referred to the Standing Committee on Finance and Economic Affairs. There, Ontarians and stakeholders - [Can Your Condo Prohibit Firearms on Common Property?](https://stackcondolaw.com/can-your-condo-prohibit-firearms-on-common-property/) - I recently stumbled upon an interesting blog out of Florida, where the author discussed whether a Community Association can prohibit firearms on common areas. The author discussed the required trade off between individual rights and the greater common good of the condominium community. The same balancing act applies here, north of the 49th parallel, but - [Marijuana Grow-Op Must Pay for Excessive Water Usage in Condo](https://stackcondolaw.com/condo-marijuana-grow-op-must-pay-for-excessive-water-usage/) - The declaration of a condominium corporation must confirm the proportions in which owners are to contribute towards the common expenses of the corporation. This statement is usually expressed in the declaration in a percentages allocated to each unit. Although an owner is generally only responsible for his or her specific share of the total common expenses, in certain circumstances, - [Airbnb Makes the News... Again!](https://stackcondolaw.com/airbnb-makes-the-news-again-condo-law-blog-need-to-know-ottawa/) - We have already written on the legal implications of short-term rentals of condominium units. Airbnb and other short-term rental providers are making the news again. This past weekend, an "Airbnb party" turned for the worse in Gatineau (Québec). CBC reports that a shooting took place at a private residence, which was occupied by some 25 people. The police - [Condo Loses Priority Over $1.3M With Directors Failing to Pay their Condo Fees and Falsifying Status Certificates](https://stackcondolaw.com/condo-loses-1-3m-with-directors-failing-to-pay-their-condo-fees-and-falsifying-the-status-certificate/) - We recently blogged on how to ensure condo fees are paid before the mortgage in cases of default and we explained the importance of complying with the strict deadlines and notices imposed by the Condominium Act, 1998 (the “Act”). The recent case of Trez v. Wynford reminds us that the same is true even when condo directors are the ones in - [Regulations Applicable to Condominium Pools](https://stackcondolaw.com/regulations-applicable-to-condominium-pools/) - All condominium pools in Ontario are considered public pools and are regulated under the Health Protection and Promotion Act, unless the condominium corporation has less than 5 units or the pool is less than 0.75 metres in depth. The following is only an overview of some of the important points to keep in mind when - [Joint Use Agreements: Who Pays for the Share of a Condominium Which Never Gets Developed?](https://stackcondolaw.com/joint-use-agreements-who-pays-for-the-share-of-a-condominium-who-never-gets-developed/) - Condominium projects are often built in phases, with a single developer dividing a parcel of land between various corporations, some of them only to be created in the future. In these kinds of developments, the corporations-to-be will often be expected to share various facilities (such as roadways, garages, gardens, pools and other facilities). In such - [The Limits of Democracy in Ontario Condos](https://stackcondolaw.com/the-limits-of-democracy-in-ontario-condos/) - We often think that democracy is the ultimate decision-making process in condominium corporations in Ontario. True, but it is not that simple. The first challenge to the general tenet that majority rules the governance of condominiums is that numerous decisions require a varying degree of approval from the owners. For instance: Quorum to hold an AGM is presently - [Liens Are Not the Only Way for Condos to Collect Arrears](https://stackcondolaw.com/liens-are-not-the-only-way-for-condos-to-collect-arrears/) - In case there was a doubt in anyone's mind, registering and enforcing condominium liens is not the only method available to condominiums wishing to collect arrears. Indeed, in a recent case, the Court of Appeal confirmed that condominium corporations can also sue for unpaid common expenses, the same way any creditor could for an unpaid debt. - [Are Condo Owners Entitled to Access the Email Address List of Other Owners?](https://stackcondolaw.com/are-condo-owners-entitled-to-access-the-email-address-list-of-other-owners/) - Condo corporations are increasingly asked to disclose to condo owners the email addresses of the other owners. Indeed, a condo owner wishing to requisition a meeting of the owners or wishing to otherwise communicate with other owners finds email communications to be far more practical than having to mail a paper letter. After all, since the corporation - [Condo Directors Have a Limited Right to Privacy](https://stackcondolaw.com/condo-directors-have-a-limited-right-to-privacy/) - Last week, we blogged on whether owners are entitled to access the email address list of other owners. Judging by the popularity of the blog, it seems that we struck a chord. One of our readers asked me to elaborate on how this right to privacy may apply to condo directors. Are they entitled to have - [Condos Do Not (Always) Have to Disclose Sewer Backups in their Status Certificate](https://stackcondolaw.com/condos-do-not-always-have-to-disclose-sewer-backups-in-their-status-certificate/) - In a recent Ottawa case, the court had to determine whether the condominium corporation was responsible for the damage caused by repeated sewer backups originating from common elements, which damaged an owner’s unit basement. As unfortunate as the situation was for this unit owner, ultimately the court found that the condominium corporation was not responsible - [Can a Condominium Corporation Prohibit the Display of the Canadian Flag?](https://stackcondolaw.com/can-a-condominium-corporation-prohibit-the-display-of-the-canadian-flag/) - With Canada Day just around the corner and important festivities expected to take place next year for the 150th anniversary of the Confederation, Canadian flags will start popping up everywhere and condominium corporations may be faced with situations where owners wish to display a flag in their windows or on their balcony. Many corporations already - [The First Year in the Life of a Condominium Corporation](https://stackcondolaw.com/the-first-year-in-the-life-of-a-condominium-corporation/) - The first year of a condominium corporation is a big one. In addition to dealing with ongoing construction work, construction deficiencies and perhaps budgetary issues, the board of directors has to take important decisions in terms of management of the building and has to set the tone with the owners and residents. Depending on how the developer/declarant - [Can Condo Directors be Sued for Conspiracy?](https://stackcondolaw.com/can-condo-directors-be-sued-for-conspiracy/) - An interesting case came out of Toronto last week where the owner of three commercial condominium units commenced a claim against the condominium corporation and the directors personally, claiming conspiracy, nuisance and intentional economic interference. This raises an interesting question: Can condo directors be found to be involved in a conspiracy when they take decisions as - [Defibrillators in Condominiums](https://stackcondolaw.com/defibrillators-in-condominiums/) - One of the question we are increasingly being asked by our condominium clients is whether they should consider installing automated external heart defibrillators and, if so, what liability may be associated with the installation and use of such defibrillators. It is well-known that the steps taken in the minutes following a cardiac arrest may make a difference - [The "5 Ws" of a Condo AGM](https://stackcondolaw.com/the-5-ws-of-a-condo-agm/) - Fall is often a good time for condominium corporations to hold their annual general meeting ("AGM") of owners. Owners are back home after the summer holidays and snowbirds have yet to migrate to warmer weather for the winter. My condominium should hold its first AGM in the next few months. People who are new to condo living may not fully understand what an - [Courts Will Protect Condo Board Decisions... made in good faith](https://stackcondolaw.com/courts-will-protect-condo-board-decisions-made-in-good-faith/) - You may recall our blog on an Ottawa case opposing a mixed-use condominium corporation to the owner of a public parking business within this corporation. The Court of appeal reversed the original decision and concluded that condo board decisions taken in good faith should be shown deference and will not likely be set aside by - [First-Year Deficit of a Condominium Corporation](https://stackcondolaw.com/first-year-deficit-of-a-condominium-corporation/) - One of the first challenges of a new condominium board of directors is the survival of the first fiscal year on a budget set by the builder. When there is a shortfall between this first-year budget and the actual operating expenses incurred by the corporation during that first year, condominium corporations can turn to the declarant. First - [Register Your Condo Lien Early or Risk Losing It](https://stackcondolaw.com/register-you-condo-lien-early-or-risk-losing-it/) - Timely collection of common expenses by condominium corporations is essential to the safeguard of their financial viability. For this reason, the Condominium Act permits condominiums to register liens against the unit of owners who are in default of paying their common expenses. Once registered, the lien has priority over mortgages. However, to benefit from this - [Condominium Declaration, By-laws and Rules: What's the Difference?](https://stackcondolaw.com/condominium-declaration-by-laws-and-rules-whats-the-difference/) - I was speaking this weekend at a Condominium Director's Course given by CCI-Eastern Ontario. One of the participants asked me to explain the differences between a condominium declaration, by-laws and rules. While the more seasoned condominium directors have become familiar with these documents, many first-time directors may be puzzled by the differences between them. In fact, - [How Much Time Does a Condo Have to Register a Lien? (Part 2)](https://stackcondolaw.com/how-much-time-does-a-condo-have-to-register-a-lien-part-2/) - In Ontario, condominium corporations can register liens against the unit of an owner who defaults in paying his or her common expenses. Once the lien is registered, it grants the condominium priority over the mortgage. This very powerful tool to collect arrears. A lien expires if it's not registered within 3 months of when the default - [Can Condo Owners Lease Out Their Parking Space?](https://stackcondolaw.com/can-condo-owners-lease-out-their-parking-space/) - CBC news recently reported on a Uber-style app that connects drivers looking for parking with people who want to lease their parking space. The article warned that the City of Ottawa zoning by-law does not allow the rental of residential driveways - unless the rental is directly associated with the lease of the dwelling itself (meaning - [Airbnb Is Incompatible with The "Single Family Use" Provision of Most Condo Declarations](https://stackcondolaw.com/airbnb-is-incompatible-with-the-single-family-use-provision-of-most-condo-declarations/) - With the growing interest in the “sharing economy”, Airbnb and other short-term rental websites are often causing headaches within condominium communities across the province and beyond. In many cases, condominium corporations have had to adopt rules to attempt to regulate the leasing and occupancy of units within their complex. While useful, these rules may have - [A Canadian Christmas Story: Remembering the Battle of Ortona](https://stackcondolaw.com/remembering-a-canadian-christmas-story/) - At this time of the year, when many of us gather with friends and family to share a meal and celebrate, the Condo Adviser would like to share this Canadian Christmas story. It has nothing to do with condos, case law or legislation. It’s a little unknown page of our history which took place on - [The "Airbnb" Decision is Out](https://stackcondolaw.com/the-airbnb-decision-is-out/) - Earlier this month, we blogged about what became known as the "Airbnb decision". The decision, OCSCC 961 v. Menzies, is now reported and can finally be accessed online. You will recall that this decision dealt with the case of an owner who very successfully leased out his condo unit on short-term basis on sites such as Airbnb. Such - [Regulations Under the Legislation to Regulate Condo Managers Are Out For Consultation!](https://stackcondolaw.com/the-proposed-regulations-under-the-legislation-to-regulate-condo-managers-are-out-for-consultation/) - The Ministry of Government and Consumer Services has posted today a draft of the first set of proposed regulations to be adopted under the new Condo Management Services Act. This Act is the legislation which will regulate and provide for the licensing of Condo Managers in Ontario. For those who want to have a look at what - [Condo Adviser Receives "Best Niche Blog" Clawbie Award](https://stackcondolaw.com/condo-adviser-receives-best-niche-blog-clawbie-award/) - We are honoured to report that, for a second year in a row, Condo Adviser was recognized with a Clawbie Award. Clawbies are the Canadian Law Blog Awards recognizing the best in the Canadian legal blogosphere. These awards are handed out every New Year's Eve since 2006. This year, we received the brand new Best Niche Blog - [What Will Mandatory Licensing of Condo Managers Look Like in Ontario?](https://stackcondolaw.com/what-will-mandatory-licensing-of-condo-managers-look-like-in-ontario/) - When Bill 106 (the legislation aimed at protecting condominium owners in Ontario) received Royal Assent on December 3, 2015, it set out to amend the existing Condominium Act but, as importantly, it also laid out a new licensing regime for condo managers. A year later, on December 17, 2016, the Province circulated its first set - [Who Will Be Exempt from Mandatory Licensing of Condo Managers?](https://stackcondolaw.com/who-will-be-exempt-from-mandatory-licensing-of-condo-managers/) - As Ontario heads towards mandatory licensing of Condo Managers (and Condo Management Providers), we have been exploring the "ins and outs" of the new Condominium Management Services Act. In this post, we review the various exceptions to the Province's mandatory licensing requirements. Recap of recent posts In a recent post, we looked at the scope of services - [Condo Managers With a Limited Licence Will Have to Work Under Supervision](https://stackcondolaw.com/condo-managers-with-a-limited-licence-will-have-to-work-under-supervision/) - In this series of posts, we explore the various condo management licences that will be granted under the new Condominium Management Services Act. Here, we summarize the nature and requirements of the limited licence. This licence will require that condo managers work under supervision for up to 5 years before being able to apply for a general licence. - [Condo Manager Licensing in Ontario: The "General" licence](https://stackcondolaw.com/condo-manager-licensing-in-ontario-the-general-licence/) - In this series of blog, we explore the various condo management licences that will be granted under the new Condominium Management Services Act, once this legislation comes into force. In this post, we summarize the nature and requirements of the Condo Manager General Licence. This post also addresses grandfathering provisions of this new legislation. Who Can Get a - [Complaints and Disciplinary Procedures against Condo Managers under the New Act](https://stackcondolaw.com/complaints-and-disciplinary-procedures-against-condo-managers-under-the-new-act/) - In this series of posts, we explore how Ontario proposes to licence and regulate condo managers under the new Condominium Management Services Act. In this post, we look at who can lodge a formal complaint against a condo manager and how complaints and disciplinary procedures will be handled under this new legislation. Complaints Procedure The new - [Can Noise Complaints Lead to the Eviction of a Condo Tenant?](https://stackcondolaw.com/can-noise-complaints-lead-to-the-eviction-of-a-condo-tenant/) - People living in condos have a duty to comply with the corporation's regulations. Condo corporations, for their part, have a duty to take all reasonable steps to ensure such compliance. But to what extent? Can tenants of a condo unit be evicted because they are causing excessive noise? Or should the corporation let neighbours sort out - [Draft New Regulations Under the Condo Act Are Out for Consultation!](https://stackcondolaw.com/draft-new-regulations-under-the-condo-act-are-out-for-consultation/) - The Ministry of Government and Consumer Services has posted yesterday a first draft of the proposed regulations to be adopted under the "New Condo Act". The province is seeking comments on this first draft by March 30, 2017. Some of the proposed regulations could come into force as early as July 1, 2017. Bill 106, the - [The Proposed Regulations under the Condo Act Are out for Review - for Real, This Time!](https://stackcondolaw.com/the-proposed-regulations-under-the-condo-act-are-out-for-review-for-real-this-time/) - Last week, we advised you that the Ministry of Government and Consumer Services had posted a "plain language" summary of the proposed regulations to be adopted under the "New Condo Act". Today, the province posted the "legalese version" of it, that is the full version of the proposed regulations. It can be reviewed here. Keep in mind - [More Regulatory Proposals for the Condo Industry](https://stackcondolaw.com/more-regulatory-proposals-for-the-condo-industry/) - The province has issued more regulatory proposals for your review and comments. These ones are less substantive in nature and deal with the mechanics of setting up the various Authorities and the Tribunal which will oversee this new legislative regime. Now is the time to share your opinions... or forever hold your peace! New Proposal to Regulate - [New Disclosure Obligations for Condo Directors](https://stackcondolaw.com/new-disclosure-obligations-for-condo-directors/) - We all know that Ontario is revamping its regulation of the condominium industry. As part of the sweeping changes being introduced, the province is imposing mandatory licensing on condo managers but it is also imposing new training and new disclosure obligations on condo directors. In this post, we explore the new mandatory disclosure obligations. Please - [New Mandatory Training for Condo Directors](https://stackcondolaw.com/new-mandatory-training-for-condo-directors/) - As part of its revamping of the Condo Act, the province is imposing various additional obligations onto condo corporations, managers and directors. Last month, the Ministry of Government and Consumer Services circulated a new set of draft regulations which further detail some of these new obligations. In this post, we discuss what we know about the - [What can Condo Corporations do When Owners Display Signs of Mental Incapacity?](https://stackcondolaw.com/can-condominiums-force-owners-to-undergo-mental-capacity-assessments/) - In this post, we discussed two recent cases where the courts have had to make the difficult decision of whether to order a condo owner to have their mental capacity assessed. Interestingly enough these cases led to surprisingly different results. The Ottawa case The Ottawa case originated from a dispute "surrounding" Ms. Sennek's garden. Literally. She appeared - [Condo Managers Will Not Be Able to Solicit Proxies Under the New Condo Management Services Act](https://stackcondolaw.com/condo-managers-will-not-be-able-to-solicit-proxies-under-the-new-condo-management-services-act/) - You will recall that, earlier this year, the province circulated the draft regulation it proposes to adopt under the new Condominium Management Services Act. We have extensively blogged about this. In this post, we look at the restrictions imposed by this new legislation on the handling of proxies by condominium managers. Whether it is justified or not, - [A Requisition for a Special Owners Meeting can Lead to a Defamation Case](https://stackcondolaw.com/a-requisition-for-a-special-owners-meeting-can-lead-to-a-defamation-case/) - The ultimate recourse when condo owners are dissatisfied with the board or its decisions is to requisition an owners meeting to remove directors. This process often leads to various groups campaigning the owners to support their position. A recent unreported case reminds us to exercise caution in the context of this democratic exercise to avoid - [Major Changes to Condo Insurance and Repair Obligations](https://stackcondolaw.com/major-changes-to-condo-insurance-and-repair-obligations/) - The province of Ontario is in the process of adopting sweeping changes to the Condominium Act. In this post we discuss how the new provisions will drastically change who is responsible to repair (and therefore who is responsible to insure) condominium units. Corporations should consider acting quickly to put in place various protections which may no - [New Condo Authorities Launch their Websites!](https://stackcondolaw.com/the-new-condo-authorities-launch-their-websites/) - The "new" Condo Act and the new Condo Management Services Act are expected to be implemented in phases over the next few months. While proposed regulations to this legislation are still in draft form, the new "Condo Authorities" expected to be set up just launched their web sites. Have a look! The Condominium Authority of Ontario Ontario is expected - [Is your Condo Ready for the Legalization of Marijuana?](https://stackcondolaw.com/is-your-condo-ready-for-the-legalization-of-marijuana/) - Last week, the government of Canada introduced legislation to legalize and regulate the possession, production and use of marijuana in Canada. What does that mean for your condo corporation? It may be time to update your rules. Are you considering adopting a rule regulating smoking or cannabis? You may want to survey your owners before you - [Condo Arrears Include Legal Fees](https://stackcondolaw.com/condo-arrears-include-legal-fees/) - In a recent unreported Ottawa case, a condo owner sued his condominium to recover the legal fees charged against his unit following his failure to pay his common expenses on time. This case reminds owners of the importance of paying in time the totality of the arrears... including the interests and the legal fees incurred by the corporation - [The Final Version of the Licensing Regulations for Condo Managers is Officially Out!](https://stackcondolaw.com/the-final-version-of-the-licensing-regulations-for-condo-managers-is-officially-out/) - The Ministry of Government and Consumer Services has just issued and posted online the final version of the Licensing Regulations for Condo Managers! You can read the final text here. While the precise education requirements for condo managers have yet to be specified, Condo Manager licensing is expected to begin in the fall of 2017. We - [What to Do When Condo Owners Send Insulting and Harassing Emails?](https://stackcondolaw.com/what-to-do-when-condo-owners-send-insulting-and-harassing-emails/) - Condo owners are often the first to notice when something needs the attention of the board or management. Whether it'd be a burned light bulb or a squeaky door. Emails facilitate these service call requests. But what is a corporation to do when the volume and content of an owner's communications is such that it - [Airbnb in Condos: Focus on British Columbia](https://stackcondolaw.com/airbnb-in-condos-focus-on-british-columbia/) - As in Ontario and many other jurisdictions, Airbnb and similar short-term leasing web-based services are big business in British Columbia. While some condo communities have embraced Airbnbs, requiring owners to provide guest information to the concierge and charging user fees to pay for increased security, etc., other condo communities which are not suited to this - [Condos Have More Time Before Changes to Insurance Regime](https://stackcondolaw.com/condos-have-more-time-before-changes-to-insurance-regime/) - Much ink has been spilled in the last few months over the upcoming changes to the insurance regime applicable to condominiums. In particular, a lot has been written about existing Insurance deductible by-laws and any looming deadline to re-arrange your corporation's affairs on this front. Well, we may all have more time to breathe... Help us - [Steps Required by Condos to Allow for Electronic Service of Documents on Owners](https://stackcondolaw.com/steps-required-by-condos-to-allow-for-electronic-service-of-documents/) - Condo corporations are often required to send formal notices to owners. These formal communications will increase under the "new" Act. Corporations may be able to reduce cost (and save trees) by switching to electronic communications. Here is how. Requirement to Communicate with Owners Under the current Act, condo corporations are often required to send formal - [Countdown to your Next AGM](https://stackcondolaw.com/countdown-to-your-next-agm-under-the-new-condo-act/) - Don't trip over the deadlines: Use our AGM calculator to know exactly when to send each notice leading to your next owners meeting. 35 days before the AGM At least 35 days before the AGM, the board must send out a written Preliminary Notice to the owners and mortgagees whose names appear on the corporation's record - [Condo Anarchy or Owner Apathy? 10 Tips to Improve the Lives of Condo Owners](https://stackcondolaw.com/10-tips-to-improve-the-lives-of-condo-owners/) - Condo democracy has had a fair bit of bad press recently. Vote rigging, fraudulent proxies and director collusion made headlines in May. But is it really all gloom and doom in condos under Ontario skies? In this post, we provide 10 tips to improve condo governance and reduce frustration associated with condo living. Recent media - [Can Condos Prohibit the Display of Canadian Flags?](https://stackcondolaw.com/can-a-condominium-corporation-prohibit-the-display-of-the-canadian-flag-2/) - With Canada Day just around the corner and important festivities expected to take place this year for the 150th anniversary of the Confederation, Canadian flags will start popping up everywhere. How are condominiums to deal with requests from owners wishing to display their maple leaf pride? The Great Flag Debate First, a little history. In - [NEW Dates for the Implementation of the Condo Act (and the Condo Management Services Act)](https://stackcondolaw.com/new-dates-for-the-implementation-of-the-condo-act/) - The Ministry of Government and Consumer Services has just announced the dates by which most of the changes to the Condominium Act and to the Condominium Management Services Act will come into force. New dates for the implementation of the legislative changes Expect most changes to the Condo Act, including the implementation of the new tribunal and of the - [Final Version of New Condo Regulations Have Been Posted by the Province](https://stackcondolaw.com/final-version-of-new-condo-regulations-have-been-posted-by-the-province/) - On Monday, we blogged on the newly released implementation dates of most changes to the Condominium Act and to the Condo Management Services Act. On that same day, we were advised by the Ministry that the final version of the first instalment of regulations under the Condo Act would eventually be posted on the province's e-laws - [Will Toronto's Proposed Airbnb Regulation Help Condos?](https://stackcondolaw.com/will-torontos-proposed-airbnb-regulation-help-condos/) - Last week, Toronto's Executive Committee approved a draft plan to regulate Airbnb. Amongst important changes, Toronto proposes the creation of a new zoning by-law and the adoption of new licensing and registration requirements. It also proposed to limit short-term rentals to principal residences. Will this help condos regulate short-term rentals? What is Airbnb? Airbnb and other - [How Much will the Condo Authority Cost Condo Owners?](https://stackcondolaw.com/how-much-will-the-condo-authority-cost-condo-owners/) - As you certainly know by now, the new Condo Authority of Ontario will be designated as the condominium authority as of September 1, 2017. The CAO will provide education and information and will oversee the Condo Authority Tribunal. But how much will all of this cost condo owners? The province wants to know how much - [Condos will Have to File Yearly Information Returns](https://stackcondolaw.com/condos-will-have-to-file-yearly-information-returns/) - Ontario is seeking your input on another set of proposed regulations. This one deals with proposed annual Information Returns, which corporations would have to file with the Condo Authority. Most of the information in these returns would be added to a publicly accessible database. Latest Draft Regulation In the context of its overhaul of the Condominium Act, the - [How Much will a Condo Manager's Licence Cost?](https://stackcondolaw.com/how-much-will-a-condo-managers-licence-cost/) - The Condo Management Regulatory Authority of Ontario (CMRAO) is seeking your input on the fees it proposes charging to licence Condo Managers in Ontario. The CMRAO is seeking your opinion on these fees through an online survey. CMRAO's mandate The CMRAO is mandated to protect consumers by enforcing standards for education, training and ethics of Condo Manager and - [How Much will the Condo Authority Cost and Who will Pay for it?](https://stackcondolaw.com/how-much-will-the-condo-authority-cost-and-who-will-pay-for-it/) - This summer, the Condo Authority of Ontario published the fees it proposed to charge users to finance its operations Condo Adviser conducted an informal survey to see what you think about them. Here are some of our results. Proposed fees to finance and operate the CAO As of September 1, 2017, the Condo Authority of - [Defamation: Condos must protect the reputation of its directors](https://stackcondolaw.com/condo-directors-should-be-protected-against-defamatory-statements/) - Everyone knows that being on a condo board can be a difficult and thankless job, often attracting criticism from other owners. But what is a corporation to do if owners send defamatory emails? An Ottawa judge has drawn a red line. Facts of the case In this case, a condo owner sent vitriolic and defamatory communications to all - [New Info on the Education and Examination Requirements for Condo Managers](https://stackcondolaw.com/new-info-on-the-education-and-examination-requirements-for-condo-managers/) - Ontario held a press conference on July 25, 2017, to announce new protections for condo residents, to be implemented this fall. This is great (but somewhat old) news. What's new is that we now know more about the education and examination requirements for Condo managers. Today's announcement In today's press release the Minister of Government and Consumer Services Tracy - [Condos will Need to Increase Their Fees to Pay for the New Condo Authority](https://stackcondolaw.com/condos-will-need-to-increase-their-fees-to-pay-for-the-new-condo-authority/) - The new Condo Authority of Ontario has recently confirmed what fees it will charge for its services. The CAO also confirmed who will pay for this and when the new fees will become payable. Condominiums may want to adjust their budget without delay. *The CAO has extended the deadline to register your condo corporation to - [Condo Pool Dress Code: What's Too Much and What's Not Enough?](https://stackcondolaw.com/condo-pool-dress-code-the-debate-over-whats-too-much-and-whats-not-enough/) - An Ontario woman recently launched a human rights complaint against the municipality of Cornwall over its policies preventing her from swimming topless at public pools. This legal challenge comes two decades after courts recognized women’s right to bare their breasts in public in Ontario. In this blog we explore whether a condominium can impose a dress code for - [Input Requested on Changes to the Legislation Dealing with Condo Conversion Projects](https://stackcondolaw.com/input-requested-on-changes-to-the-legislation-dealing-with-condo-conversion-projects/) - The province is seeking your input on proposed regulations that would extend most new home warranty plan coverage to certain residential condominium conversion projects. Feedback is invited until September 25, 2017. Bill 106 (the Protecting Condo Owners Act) brought changes to various pieces of legislation, including the Condo Act, the Building Code Act and the Ontario New Home Warranties - [Strict Deadlines to Register Condo Liens when Collecting on Judgments](https://stackcondolaw.com/strict-deadlines-to-register-condo-liens-when-collecting-on-judgments/) - The Ontario Court of Appeal reiterated that the 3-month deadline to register a condo lien is a strict one. Failure to act in a timely manner will result in the lien being lost. This is true, not only when dealing with monthly arrears but also when collecting on a judgment. Background This matter initially involved - [SURVEY: Should Marijuana be Allowed in Condos?](https://stackcondolaw.com/survey-should-marijuana-be-allowed-in-condos/) - In April 2017, the federal government introduced legislation to legalize and regulate recreational cannabis in Canada by July 2018. Provinces are developing the required regulatory framework. What about your condo? Are you planning ahead? Take our survey and tell us what you think about marijuana consumption in condos. Are you considering adopting a rule regulating smoking - [How to Get a Condo Manager's Licence](https://stackcondolaw.com/how-to-get-a-condo-managers-licence/) - We are getting lots of calls from condo managers asking for guidance on how to apply for their Manager's licence. The November 1st deadline is indeed fast approaching! Here is a quick step-by-step guide on how to apply for your CM licence. When to apply for a licence? As of November 1, 2017, the Condo Management - [Proposed Code of Ethics for Condo Managers](https://stackcondolaw.com/proposed-code-of-ethics-for-condo-managers/) - The province is again seeking input and comments on proposed regulations under the Condo Management Services Act. Of particular interest, the province has circulated a proposed Code of Ethics for condo managers. Here is what it is likely to look like. New proposed Regs under the CMSA In a communiqué issued on August 30, 2017, the - [More About the Mandatory Training for Condo Directors](https://stackcondolaw.com/more-about-the-mandatory-training-for-condo-directors/) - The Condo Authority of Ontario (CAO) is responsible to provide new mandatory training for all condo directors in Ontario. We now know a bit more about what kind of training can be expected, who will be required to take it and the time frame to comply with this new requirement. The CAO has also launched 4 - [Mandatory Registration of All Condos in Ontario](https://stackcondolaw.com/mandatory-registration-of-all-condos-in-ontario/) - My condo corporation recently received a letter from the Condo Authority of Ontario, inviting us to register the corporation and to pay the initial Assessment Fee. These steps are mandatory and all condo corporations must comply. Here's how. *The deadline to register your corporation and pay the assessment fee has been extended until February 28, 2018. - [Not All Condo Units will Pay the Same CAO Assessment Fee](https://stackcondolaw.com/not-all-condo-units-will-pay-the-same-cao-assessment-fee/) - By now you've certainly heard that the Condo Authority of Ontario has set its new Assessment fee at $1/month per unit. This is only partially accurate. Not all units are subject to this new fee and not all units will end up paying the same amount. Here is why. *The deadline to register your corporation and pay the assessment - [Confused About Managers Licensing? Come and Have Lunch with the CAI](https://stackcondolaw.com/confused-about-managers-licensing-come-and-have-lunch-with-the-cai/) - We're getting lots of calls and emails from directors and managers alike, asking about the upcoming mandatory licensing of condo managers. The CAI is putting together a luncheon with key players and experts on the topic. Register now for October 26, 2017. Everything you need to know Join the CAI on October 26, 2017 for - [The Limited Jurisdiction of the New Condo Authority Tribunal](https://stackcondolaw.com/the-limited-jurisdiction-of-the-new-condo-authority-tribunal/) - We are expecting the new Condo Authority Tribunal to be up and running as early as November 1st, 2017. Already some people are suggesting that it is best to delay compliance matters and wait for the Tribunal to adjudicate on condo disputes. In this post, we blog about whether this makes sense and on the limited jurisdiction of - [The New Condo Act - Seminars for Managers in October](https://stackcondolaw.com/the-new-condo-act-seminars-for-managers-in-october/) - Ready or not, much of the new Condo Act comes into force on Nov. 1, 2017. Are you ready to advise your condo boards on all of the relevant changes? More importantly, do you know which type of licence you need and how to get it? Seminar in Ottawa Condo Adviser is proud to host its third manager-only event - [This is What the New Condo Tribunal May Look Like](https://stackcondolaw.com/this-is-what-the-new-condo-tribunal-may-look-like/) - There is still a fair bit of mystery surrounding the new Condo Tribunal, despite the fact that it is expected to open its doors in less than 2 weeks. How will it work and what will online adjudication look like? In this post, we have a look at how British Columbia did it. The Ontario - [Condo Managers will be Required to Provide Police Record Checks](https://stackcondolaw.com/condo-managers-will-be-required-to-provide-police-record-checks/) - We're only days away from mandatory licensing of condo managers, breathlessly waiting for the CMRAO's online application process to go live to finally see what it'll look like. One thing we do know, is that all applicants for a licence will have to provide a recent police record check. In this post we discuss where and - [Condo Learning this Month - Learning and Networking Opportunities](https://stackcondolaw.com/condo-learning-this-month-learning-and-networking-opportunities/) - Are you looking for networking opportunities or to get more knowledgeable on condo matters? On the last Thursday of each month, we provide a comprehensive list of all known condo training and networking events in Ontario. Each of these offers a unique opportunity to gain condo knowledge and to meet with other like minded condo-driven individuals. Read on - [The Forms Under the New Condo Act Are Out!](https://stackcondolaw.com/the-forms-under-the-new-condo-act-are-out/) - We have added a new tab at the top of our blog to facilitate access to the new forms. You can also click here and be redirected to these new forms. After many years of discussion and speculation, the new Condominium Act is finally here! The majority of the amendments to the Act and the - [New Condo Act: What Changes Have Been Implemented on November First](https://stackcondolaw.com/new-condo-act-what-changes-have-been-implemented/) - On November 1st, 2017, the province "turned on" many new legislative provisions affecting the condo industry. There is no turning back now. Still, it is worth remembering that not all changes to the Condominum Act are in force yet. The remaining changes will be implemented in phases. In this blog, we discuss the changes which have been implemented last - [Changes to the Condo Act: What Changes Have NOT Been Implemented Yet](https://stackcondolaw.com/changes-to-the-condo-act-what-changes-have-not-been-implemented-yet/) - On November 1st, 2017, the province "turned on" many of its new legislative provisions affecting the condominium industry. Last week, we blogged about the changes which have been implemented. This week, we blog about those changes which have not been implemented yet. For all of the items listed below, we are still under the "old" version - [Let us Remember Those Who Gave Their Today for our Tomorrow](https://stackcondolaw.com/let-us-remember-those-who-gave-their-today-for-our-tomorrow/) - November is Remembrance month. As we approach the 11th hour, of the 11th day, of the 11th month, we pause to remember those who gave their today for our tomorrow. We dedicate this post to the lawyers and law students who died during the two world conflicts. Ontario Lawyers and Law Students Answered the Call of Duty - [Having Problems Viewing the New Condo Forms?](https://stackcondolaw.com/having-problems-viewing-the-new-condo-forms/) - You'll recall that, on November 1st, 2017, the Ministry of Government and Consumer Services issued new forms to be used under the Condo Act. Many readers have reported experiencing difficulties viewing these forms online. Here are a few tricks to help you view the new forms. The simplest way to view the forms is to visit - [Still Confused About Which Manager's Licence is Right for You?](https://stackcondolaw.com/still-confused-about-which-managers-licence-is-right-for-you/) - - -Please note that the deadline to apply for a condo management licence has been pushed back to March 30, 2018. - - Mandatory licensing of condo managers has been ongoing for a few weeks now and the deadline to get your licence is looming. Have you figured out yet which licence is right for you? - [Disclosure Obligations of Condo Directors at AGMs](https://stackcondolaw.com/disclosure-obligations-of-condo-directors-at-agm/) - One of the many changes to have come into force this month is the requirement for all condo directors to disclose certain facts about themselves or risk being automatically disqualified. This post will help you with the process and timing of this new requirement. Directors qualifications The amended Condo Act added 2 additional requirements for an - [Electric Vehicle Charging Stations in Condos?](https://stackcondolaw.com/electric-vehicle-charging-stations-in-condos/) - The province is seeking your input on proposed changes to the Condo Act which would make it easier to install and access electric vehicle charging stations in existing condos. The province recently issued a "plain language" summary of the changes being proposed and seeks your opinion on it. Now is the time to prepare the future. You may want to consult - [The New Periodic Information Certificate](https://stackcondolaw.com/the-new-periodic-information-certificate/) - Amongst the various new obligations imposed on condo corporations, they will now have to regularly send to all owners various Information Certificates. In this post, we discuss the new Periodic Information Certificate - aka the "PIC". When, how and to whom is it to be sent? Are your condo fees too high? How do they compare? - [Information Certificate Updates](https://stackcondolaw.com/information-certificate-updates/) - Two weeks ago, we blogged about the Periodic Information Certificate. This week, we discuss its little brother: the Information Certificate Update. When is one due and how do they work? Types of Information Certificates Under the newly adopted amended Condo Act, condo corporations have to regularly send out the following three types of Information Certificates: The Periodic Information - [How to Complete the New Proxy Form](https://stackcondolaw.com/how-to-complete-the-new-proxy-form/) - This blog post refers to an older version of the proxy form. Be sure to read our more recent blog post. The new forms under the “new” Condominium Act were released on November 1, 2017. A month later, the industry is still getting familiar with these new documents and we are receiving many questions about them; especially about - [Extension of Time to Register Your Condo with the CAO](https://stackcondolaw.com/extension-of-time-to-register-your-condo-with-the-cao/) - News from the CAO: the deadline to register your condominium corporation with the CAO has been extended until February 28, 2018! The CAO reports that some 7,000 condo corporations have already registered their condo corporation. That's not bad! However, by everyone's best estimates, that leave some 3,000 or so who have not yet registered. For those - [Happy Holidays!](https://stackcondolaw.com/happy-holidays-2/) - The hustle and bustle has quieted down. A fresh layer of snow has covered most cities and landscapes around us. All is calm. The next meal is in the oven; the entire home smells amazing. The table is nearly set; we're putting the final touches. Family and friends are coming and going. Many old traditions are being repeated - [A Condo Year in Review – Our Top 10 Most Popular Posts of 2017](https://stackcondolaw.com/a-condo-year-in-review-our-top-10-most-popular-posts-of-2017/) - Last year has been quite the year for the condo industry. After many years of discussion and speculation, we finally saw the implementation of many of the amendments to the Condo Act and of a substantial portion of the newly adopted regulation. We also saw the launch of the new Condominium Authority, its new tribunal and of the Condo - [AGM Notice Calculator](https://stackcondolaw.com/agm-notice-calculator/) - The amended Condo Act imposes new deadlines by which corporations must notify owners of upcoming AGMs. These deadlines are strict ones and can be quite confusing. Fear not, the Condo Adviser has developed an "AGM Notice Calculator" to help you identify these important deadlines. Give it a try! Are your condo fees too high? How do they compare? - [New Regulations on Insurance, Complaints Procedure and the Code of Ethics for Condo Managers](https://stackcondolaw.com/new-regulations-on-insurance-complaints-procedure-and-the-code-of-ethics-for-condo-managers/) - New year: more changes to the condo industry. The province of Ontario has issued today an update on recent condo law changes taking place in early 2018. Specifically, the province has confirmed the implementation of more provisions and of new regulations under the Condo Management Services Act, which will come into effect on February 1, 2018. In - [Should Ontario Allow Marijuana Smoking in Multi-Residential Condos?](https://stackcondolaw.com/should-the-province-allow-the-consumption-of-marijuana-in-multi-residential-condos/) - As you all know, the Federal is proposing to legalize the possession, production and use of cannabis. We appear to still be aiming for legalization on July 1st of this year. In parallel, the provinces are adopting their own legislation to further regulate how and where the substance will be permitted. We know already that - [New Employment Standards Affecting Condominium Corporations](https://stackcondolaw.com/new-employment-standards-affecting-condominium-corporations/) - In addition to being busy amending the Condominium Act, the Province has also been busy amending the Employment Standards Act (the “ESA”). Some amendments to the ESA came into effect on January 1, 2018 and more amendments are coming later in 2018. The purpose of this blog is to summarize some of these changes and obligations - [Condo Learning Opportunities February/March](https://stackcondolaw.com/learning-opportunities-february-march/) - Are you looking for networking opportunities or to get more knowledgeable on condo matters? On the last Thursday of each month, we provide a comprehensive list of all known condo training and networking events in Ontario. Each of these offers a unique opportunity to gain condo knowledge and to meet with other like-minded condo-driven individuals. Read on to - [New Owner Information Certificate](https://stackcondolaw.com/new-owner-information-certificate/) - We have recently blogged on the various Information Certificates, which must be sent to condo owners at precise intervals. In this post, we focus on the "New Owner Information Certificate", which - you guessed it - must be sent to new owners. Why a NOIC? As indicated in our post on Periodic Information Certificates, PICs must be - [Can You Modify the New Prescribed Condo Forms?](https://stackcondolaw.com/can-condos-modify-the-new-prescribed-condo-form/) - Much has been said and written about the new Condo Forms, which came into force on November 1st, 2017. Some don't like their look and feel, others have encountered technical challenges with them (to this day, the fillable forms work best with Windows Internet Explorer). At the end of the day, one recurring question we - [Deadline to Apply for Condo Manager's Licence is Extended](https://stackcondolaw.com/deadline-to-apply-for-condo-managers-licence-is-extended/) - The Condo Management Regulatory Authority of Ontario (CMRAO) began licensing condo managers on November 1, 2017. At the time, the deadline to apply for a licence was January 29, 2018. After this date, anyone providing condo management services in Ontario had to have a licence (or had to have applied for one). The CMRAO has - [The CAI Seminar on the Condo Act, Regs and Forms is Less Than a Week Away (Toronto)](https://stackcondolaw.com/the-cai-seminar-on-the-condo-act-regs-and-forms-is-less-than-a-week-away-toronto/) - CAI Canada is holding another luncheon seminar on Feb. 28, 2018. This one will be jam-packed with practical tips to help you navigate the changes to the Condo Act and the multiple condo forms. There are a few spots still available but but they are going fast. Click here for more info and to register. What: A - [Explaining the Preliminary Notice to Condo Owners](https://stackcondolaw.com/explaining-the-preliminary-notice-to-condo-owners/) - My condo board and I recently reviewed our first Preliminary Notice, which we must send out to owners in a few days, in anticipation of our upcoming AGM. We also reviewed our first Periodic Information Certificate, which will go out with the Preliminary Notice to save on stamps. If there was any doubt before, it became obvious - [News on How to File your Condo Returns with the CAO](https://stackcondolaw.com/news-on-how-to-file-your-condo-returns-with-the-cao/) - As you know, all condo corporations in Ontario are now required to file new Condo Returns with the Condo Authority of Ontario (the CAO). To this end, the CAO was expected to launch an online platform on March 1st, 2018, for all corporation to file their first transitional returns by March 31. The CAO is revising slightly how - [Explaining the New Proxy to Condo Owners](https://stackcondolaw.com/explaining-the-new-proxy-to-condo-owners/) - This blog post refers to an older version of the proxy form. Be sure to read our more recent blog post. The condo industry is going through significant changes aimed at improving the lives of condo owners in Ontario. As part of the many changes implemented through the Protecting Condominium Owners Act, the province has developed mandatory forms - [Explaining the Notice of Meeting to Condo Owners](https://stackcondolaw.com/explaining-the-notice-of-meeting-to-condo-owners/) - My own condo corporation is moving towards its first AGM under the amended Act. We've received our financial audits, sent out our Preliminary Notice and picked the AGM date. Last week, we reviewed the Notice of Meeting (ouch) and the Proxy form (double ouch). These forms may be difficult to understand to most owners. To (hopefully) - [Tenants in Condos: The New Mandatory Residential Tenancy Agreement](https://stackcondolaw.com/the-new-mandatory-residential-tenancy-agreement/) - In addition to being busy creating forms under the Condominium Act, the Province has kept busy creating a new mandatory standard lease for residential unit under the Residential Tenancies Act (the legislation presently regulating the relationship between landlords and tenants in a residential setting). Starting April 30, 2018, landlords of private residential rental units, including - [LAST WEEK to File your Condo Returns with the CAO](https://stackcondolaw.com/last-week-to-file-your-condo-returns-with-the-cao/) - All condominium corporations are now legally required to file condo returns with the Condominium Authority of Ontario (the "CAO"). Corporations have until March 31, 2018 to file their Transitional Returns and Annual Return. Such filing is done online, directly with the CAO. What are the new Condo Returns? The newly required Condo Returns will provide - [New Electric Vehicle Charging Requirements for Condos](https://stackcondolaw.com/new-electric-vehicle-charging-requirements-for-condos/) - The province of Ontario has just released new requirements dealing with Electric Vehicle Charging Stations in condominiums. These new requirements will take effect as early as May 1, 2018. The Ministry of Government and Consumer Services summarizes these new requirements as follows: Condo corporations meeting certain conditions will be exempt from certain requirements in the - [Changes to the Status Certificate](https://stackcondolaw.com/changes-to-the-status-certificate/) - Well, just when you were starting to get comfortable with the new condo forms, the province has issued a new Status Certificate. Fear not: the new Status Certificate contains very minor changes, all of which are required to address the recent regulatory changes related to Electric Vehicle Charging stations. Changes to the Status Certificate On - [Electric Car Charging Stations in Condos](https://stackcondolaw.com/electric-car-charging-stations-in-condos/) - On March 26, 2018, the province released new regulations aimed at facilitating the installation of electric vehicle charging stations in existing condo corporations. Until recently, legislation had not entirely caught up with evolving technologies and the growing fleet of electric cars available on the market. This often lead to frictions between environmentally-conscientious owners wishing to drive - [What do Condo Owners Think of Marijuana Legalization?](https://stackcondolaw.com/what-do-condo-owners-think-of-marijuana-legalization/) - The legalization of cannabis, and its expected impact on communities across the country, continue to be a hot topic. Seems like everyone has an opinion on it: The Ontario Real Estate Association wants better protection against grow op Ontario Landlords want to ban cannabis smoking Banning home-grown pot would be paternalistic and unenforceable: former Minister - [Challenges with Electric Car Charging Stations in Condos](https://stackcondolaw.com/challenges-with-electric-car-charging-stations-in-condos/) - Electric car charging stations in condo buildings is a hot topic in Ontario right now, with the Province trying to lift some of the roadblocks faced by owners and corporations. We previously blogged on the recently released new regulations aimed at facilitating the installation of these charging stations in existing condo corporations. The new regulations which came - [Condo Conference in Ottawa ‒ June 9](https://stackcondolaw.com/condo-conference-in-ottawa-‒-june-9/) - Spring is in the air! Just in time for the 6th annual CCI-EO/ACMO Conference in Ottawa on June 9, 2018. This year they're shaking things up. The Conference will be on a Saturday to accommodate more participants. They will also have multiple concurrent panels at the same time. This will allow to cover more topics. - [New and Improved Forms to Call Condo Meetings](https://stackcondolaw.com/new-and-improved-forms-to-call-condo-meetings/) - Ask and you shall receive! The Ministry of Government and Consumer Services has updated and improved two of its Condo Forms. Specifically, they have modified: The Preliminary Notice of meeting The Notice of meeting These new forms have been updated to address the regulatory changes pertaining to the installation of electric vehicle charging stations but - [Provincial Elections: What Are the Rules on Canvassing in Condos?](https://stackcondolaw.com/provincial-elections-what-are-the-rules-on-canvassing-in-condos/) - Today marks the beginning of the election campaign in Ontario. Candidates have until June 7 to campaign and try to get your vote. Blue, green, orange and red electoral signs (we listed them in alphabetical order) are popping everywhere. Boards and property managers will soon receive requests from candidates and their representatives wanting to access - [The New and "Improved" Condo Proxy is Out!](https://stackcondolaw.com/the-new-and-improved-condo-proxy-is-out/) - Rejoice! The new Proxy form is out! We have updated our "Form" link at the top of our blog to ensure you always use the latest version. What's new? The most significant change is on page 2 of the proxy. The owner giving the proxy must now pick between 3 options: If you check the - [How to Complete the New Condo Proxy](https://stackcondolaw.com/how-to-complete-the-new-condo-proxy/) - You will recall that, in early May, the province of Ontario issued a new and improved version of the Condo Proxy Form. The information on this new form is re-organized and it offers more choices when delegating your proxy powers. Still, with all its improvements, the form continues to be somewhat daunting and difficult to - [New Tribunal Rules on Owners Accessing Condominium Records](https://stackcondolaw.com/new-tribunal-rules-on-owners-accessing-condominium-records/) - Six months after its inauguration, the Condo Administrative Tribunal is issuing its first decisions. For now, the Tribunal's jurisdiction is limited to disputes related to condominium records. In this post, we explore what we can learn from the first 5 decisions of this new tribunal. The Condo Tribunal The Condo Authority Tribunal is a new - [Should Condo Owners be Able to Get Information About Other Owners?](https://stackcondolaw.com/should-condo-owners-be-able-to-get-information-about-other-owners/) - We are often asked whether condo owners are entitled to get the list of names and addresses of the other owners. Some feel that owners should be able to know who the other owners are and should be able to communicate with them. Others are concerned that such disclosure may infringe on the privacy of - [Survey your Owners Before you Adopt a Rule on Tobacco and Cannabis](https://stackcondolaw.com/rule-on-tobacco-and-cannabis-do-you-know-your-owners-views-on-this/) - We have helped quite a few condominium corporations pass rules dealing with tobacco and cannabis. Systematically, the single most important question faced by boards is: What rule would be acceptable to our owners? For that reason, we have developed a tool which will allows you to get a timely and accurate reading on your - [Upcoming Events: August/September](https://stackcondolaw.com/upcoming-events-august-september/) - Are you looking for networking opportunities or to get more knowledgeable on condo matters? On the last Thursday of each month, we provide a comprehensive list of all known condo training and networking events in Ontario. Each of these offers a unique opportunity to gain condo knowledge and to meet with other like-minded condo-driven individuals. Read on to - [Privacy or Transparency in Condos: What Info Should your Neighbour Get About You?](https://stackcondolaw.com/privacy-or-transparency-in-condos-what-info-should-your-neighbour-get-about-you/) - We were surprised by the response to our post on whether condo owners should be entitled to get the owners' list and our post on whether owners should be able to inspect proxies. There were definitely strongly held views. It makes for interesting conversation! At the end of the day, we identified three groups. The - [Should Condo Owners be Allowed to Inspect Proxy Forms?](https://stackcondolaw.com/should-condo-owners-be-allowed-to-inspect-proxy/) - The Condominium Authority Tribunal was recently asked to rule on whether condo owners should be allowed to inspect unredacted copies of the proxy form used at an AGM. This was yet another case where the Tribunal attempted to balance privacy and transparency. Mini survey Before we summarize the case, tell us what you think. Should owners be allowed - [Register Your Condo Corporation with the CAO !](https://stackcondolaw.com/register-your-condo-corporation-with-the-cao/) - Some Ontario condo corporations are still "Missing in Action" and have not yet registered with the Condo Authority of Ontario. The good news is that more than 81% of the existing condo corps have met their legal obligation and have filed their mandatory Condo Return. Still, there are a few stragglers. Registration is mandatory. If you - [New Regulations Applicable to Condo Pools](https://stackcondolaw.com/new-regulations-applicable-to-condo-pools/) - With the warm summer we are experiencing, a pool is certainly a hot amenity to have in a condominium building. New regulations governing the operation and maintenance of pools (including pools in condos) came into effect on July 1st, 2018. Indeed, condo pools in Ontario are considered public pools and are regulated under the Health - [Municipal Elections: Can Condo Owners Post Electoral Signs?](https://stackcondolaw.com/municipal-elections-can-condo-owners-post-electoral-signs/) - With October coming up, we can all probably expect to see pumpkin patches, coloured leaves, chai lattes and.... electoral signs! Indeed, Ontario municipal elections will take place this October 22, 2018. This will bring the usual uncertainty as to what candidates and their supporting owners can do when it comes to canvassing and posting electoral signs. - [Is this Condo Rule Legal?](https://stackcondolaw.com/is-this-condo-rule-legal/) - A question we often get from our readers is whether a particular condo rule is valid. Naturally, we can't answer specific questions without a thorough review of the rule in question but this post may help demystify what condo rules are about and how they are adopted. This post will also address two very common - [What Happens if a Condo Director does not Complete the Mandatory Training?](https://stackcondolaw.com/what-happens-if-condo-directors-does-not-complete-mandatory-training/) - We were hoping you would not be asking that question. Who is opposed to apple pie? Ontario's Condo Director Training is not only mandatory, its extremely useful, easy and free. But here it is, our post on what happens if a condo director fails to complete the required training within the set time. Requirements and - [Must Condos Grandfather Cannabis Smoking When Adopting a Rule?](https://stackcondolaw.com/must-condos-grandfather-cannabis-smoking-when-adopting-a-rule/) - As the entire country is counting down the days to the legalization of cannabis, many condos are adopting rules prohibiting cannabis smoking and growing in units. In many cases, condos also take this opportunity to address tobacco smoking. Invariably, we are asked whether condos are required to grandfather existing smokers when adopting such rules. This - [Smoking Cannabis in Condos is Not a Protected Human Right](https://stackcondolaw.com/smoking-cannabis-in-condos-is-not-a-protected-human-right/) - Only days before the legalization of cannabis, the Human Rights Commission of Ontario has issued a Policy Statement on Cannabis and the Human Rights Code. This Policy Statement helps us understand how the Commission is likely to deal with cannabis-related competing rights in a condominium setting. There is No "Right" to Consume Recreational Cannabis in - [Changes to the Smoke-Free Act Affecting Condos](https://stackcondolaw.com/changes-to-the-smoke-free-act-affecting-condos/) - As our readers know already [unless you have been hiding under a rock or have been under the influence of some recently legalized substance], cannabis was legalized in Canada on October 17, 2018. On that same day, but some 17 hours later, Ontario adopted Bill 36, which modified its Smoke-Free Ontario Act. This was required to address - [Cannabis Rules: What Do Condo Owners Think?](https://stackcondolaw.com/cannabis-rules-what-do-owners-think/) - I know what you are thinking: "Please, not another post on cannabis." I hear you. I really do. Over the last while, updates regarding the legalization of cannabis have saturated the news. We have also written several posts about how condos should prepare for and react to cannabis' legalization. What I hope this post provides, - [Condo Owner not Allowed to Get 20-year old Board Minutes](https://stackcondolaw.com/condo-owner-not-allowed-to-get-20-year-old-board-minutes/) - Board minutes are important documents as they are often the only way owners can get insight into what decisions are taken by the board of directors. The Condo Tribunal was asked to determine whether an owner was entitled to get 20 year old board minutes. In the Bossio case, an owner sought to obtain copies - [Loophole Around Mandatory Condo Director Training?](https://stackcondolaw.com/loophole-around-mandatory-condo-director-training/) - In one of our recent posts, we discussed the consequences for directors who fail to take the mandatory condo director training within the allotted time. A few readers wondered whether they had found a loophole around this obligation. Today, we thought we'd share it with you. Mandatory training Our readers are already familiar with the - [Has the Condo Tribunal Delivered all that it Promised to?](https://stackcondolaw.com/the-new-condo-tribunal-a-year-later/) - The "new" Condo Tribunal started hearing and adjudicating condo-related disputes on November 1, 2017. A year later, what have we learned? What documents are being requested? Are corporations complying with their obligations? Can corporations charge to access records? In this post we take a look back at the CAT's first year of operation. Condo Tribunal The - [100 years later, poppies still bloom](https://stackcondolaw.com/100-years-later-poppies-still-bloom/) - This post marks the 100th anniversary of the First World War's Armistice. The last to fall In the early morning of November 11, 1918, the 28th Battalion of the Canadian Expeditionary Force, arrived in the village of Havré, Belgium, having secured all bridges on the Canal du Centre. There, around 9 a.m., while facing Ville-sur-Haine across - [New Education Requirements for Condo Managers Renewing their General Licence in 2019](https://stackcondolaw.com/new-education-requirements-for-condo-managers-renewing-their-general-licence-in-2019/) - While there had been a bit of a lull in the implementation of the amendments to the Condo Act since the change of the guard at Queens park, things have not come to a screeching halt. The Ministry of Government and Consumer Services has released new continuing education requirement for some condo managers. These changes do not - [Upcoming Events and Learning Opportunities: November 2018](https://stackcondolaw.com/upcoming-events-and-learning-opportunities-november-2018/) - Are you looking for networking opportunities or to get more knowledgeable on condo matters? Here is the list of the known condo training and networking events for November in Ontario. Each of these offers a unique opportunity to gain condo knowledge and to meet with other like-minded condo-driven individuals. Read on to find an event near you. November - [Can Condos Terminate a Snow Removal Contract Early?](https://stackcondolaw.com/can-condos-terminate-a-snow-removal-contract-early/) - "Can we terminate our snow removal contractor?" This is a question condo managers and directors hear fairly often from dissatisfied owners. So, what is it? Can you terminate the contract early? The answer is "perhaps", but have a close look at your contract before you do. We recently represented a group of condo corporations who - [Do You Know What it Takes to be a Condo Director?](https://stackcondolaw.com/do-you-know-what-it-takes-to-be-a-condo-director/) - Condo directors are elected by the owners to manage the assets of the corporation. They are an integral and essential part of how condos operate and how they are governed. In November 2017, Ontario significantly amended the Condominium Act. We've blogged a lot about these changes and how they impact condo directors. A year later, do you - [What is Your Favourite Law Blog? My Clawbies nominations.](https://stackcondolaw.com/what-is-your-favourite-law-blog-my-clawbies-nominations/) - This post is not about condo law. It contains my Clawbies nominations for 2018. Read on if you want to know which law blogs are my favourite ones (after Condo Adviser, naturally....). If law blogs were somewhat of a novelty a decade ago, they have now become an inescapable part of the cyber landscape and - [Season’s Greetings!](https://stackcondolaw.com/seasons-greetings/) - Wow! Has this year gone by in a flash! It's been a busy year at Condo Adviser! We've published 52 posts on all condo topics with a focus on understanding and explaining Ontario's changes to the Condo Act. We've also introduced interactive condo tools such as our AGM calculator; our PIC calendar, our Record Retention Chart, many surveys and a fun quiz. We've been in the - [Condo Year in Review: Top Five Decisions of 2018](https://stackcondolaw.com/condo-year-in-review-top-five-decisions-of-2018/) - Well, we've done it! Congratulations to all on making it through another year. As we approach the end of 2018, there can only be one thing on your minds: the countdown. No, not the New Years countdown, the countdown of some of our favorite 2018 condo decisions of course! 1. Lessons from the CAT Okay, - [Democracy in Condos: What's in a majority?](https://stackcondolaw.com/democracy-in-condos-whats-in-a-majority/) - As many of us are slowly (and perhaps reluctantly) making our way back to work this first week of January, we thought we'd start the year with an easy and fun post: a Quiz! This time, our Quiz will focus on the level of support required for different condo decisions. Indeed, we often think that majority - [How Long Must a Condo Retain Information Certificates?](https://stackcondolaw.com/how-long-must-a-condo-retain-information-certificates/) - Our blog post on condo record retention triggered a fair bit of interest and many questions from readers. Specifically, many asked how long they should retain the information certificate. Here’s our answer. What is the Information Certificate? Periodic Information Certificates (and their cousins, the "Information Certificate Update" and the "New Owner Information Certificate") are documents - [CAI Canada's Inaugural Conference & Expo 2019](https://stackcondolaw.com/cai-canadas-inaugural-conference-expo-2019/) - CAI Canada is holding its first annual condo conference on February 7th 2019! The conference is being held in Toronto at 55 Barber Greene Road starting at 8:00 am going until 3:30 pm. The itinerary is chock full of seminars sure to provide tonnes of practical tips and information. In fact, Condo Adviser's own Rod - [Must Condos Include Materials in a Meeting Package if Owners Demand It?](https://stackcondolaw.com/is-a-condo-obliged-to-include-materials-in-a-meeting-package-if-owners-demand-it/) - Allow me to paint a small picture in your minds. Condo 123's AGM is coming up. Accordingly, the Board sends out a preliminary notice of meeting. As per the Act, the Board includes an invitation that owners may provide any material they want included in the subsequent notice of meeting. The Board also provides the required - [What Documents Must be Included with the Periodic Information Certificate?](https://stackcondolaw.com/what-documents-must-be-included-with-the-periodic-information-certificate/) - Most are already familiar with the requirement to send out Periodic Information Certificates (PICs) to condo owners in Ontario. PICs must be sent twice a year (thankfully down from the initially contemplated 4) and must be prepared in accordance with regulation. Thankfully, the province of Ontario has made things easier by issuing the form to - [Time to File your 2019 CAO Condo Returns](https://stackcondolaw.com/time-to-file-your-2019-cao-condo-returns/) - It's that time of year again! Time to start working on filing your Condo Returns with the CAO. The deadline is March 31, 2019. This year, this mandatory requirement comes with good and bad news: Good news: The CAO is (temporarily) reducing it's Assessment Fees (Yay!); Bad News: The CAO may fine corporations who miss the - [Do Changes to the Condo Act Mean More Work for Lawyers?](https://stackcondolaw.com/do-changes-to-the-condo-act-mean-more-work-for-lawyers/) - The Law Times is publishing a series on the impact the amended Condo Act is having on the condominium industry in Ontario. Our own Rod Escayola is optimistic that "it's going to be a far better place in condoland in Ontario" but points out that there are some obstacles and growing pains before we get there. So, - [Upcoming Events and Learning Opportunities: February/March 2019](https://stackcondolaw.com/upcoming-events-and-learning-opportunities-february-march-2019/) - Are you looking for networking opportunities or to get more knowledgeable on condo matters? Here is the list of the known condo training and networking events for February and March in Ontario. Each of these offers a unique opportunity to gain condo knowledge and to meet with other like-minded condo-driven individuals. Read on to find an event near - [Refusing to Allow Modifications to Common Elements Can Amount to Oppression](https://stackcondolaw.com/refusing-to-allow-modifications-to-common-elements-can-amount-to-oppression/) - The Condominium Act prevents condominium corporations from treating unit owners unfairly and differently from the rest of the owners. This obligation is found under section 135 of the Condominium Act (the oppression remedy). In Noguera v. Muskoka Condominium Corporation No. 22, the Corporation and its board of directors learned that not complying with such obligations - [Disclosure Statements: Say it Right and Say it Clearly](https://stackcondolaw.com/disclosure-statements-say-it-right-and-say-it-clearly/) - When purchasing a condominium unit, it is absolutely vital that you know what exactly it is you are getting yourself into. Accordingly, the Act imposes specific disclosure obligations onto declarants attempting to sell a unit. This is done through section 72 of the Condo Act. In the same vein, section 74 of the Act provides - [Are Condo Owners Entitled to Access the Owners' Email List?](https://stackcondolaw.com/are-condo-owners-entitled-to-access-the-email-list-of-other-owners/) - A recent court decision ordering a not-for-profit organization to disclose the email addresses of its members caused quite a stir in condo land this past week. This brings us to revisit a recurrent question: Are condo owners entitled to access the list of email addresses of other owners? In case you are pressed for time, let - [Court Approves a Borrowing By-law Despite the Absence of a Majority Supporting it](https://stackcondolaw.com/court-approuves-a-borrowing-by-law-despite-the-absence-of-a-majority-supporting-it/) - A very short, and somewhat puzzling, decision was issued in January 2019, which appears to change the level of support required to adopt a condo by-law. The decision appears to have been rendered on an uncontested basis, which may explain the outcome. This blog post is about the LaFramboise v. YCC No. 365 case. As I read - [Interview on Disputes Between Neighbours](https://stackcondolaw.com/interview-on-disputes-between-neighbours/) - Rod Escayola was interviewed by CBC on an odd case being played out of Kingston. This non-condo court case involves two former neighbours who are suing each other for damages. It all started when, after a confrontation between the two neighbours, one of them tried to set the other's house on fire in the middle - [Court Orders Owner to Enter into a Section 98 Agreement](https://stackcondolaw.com/court-orders-owner-to-enter-into-a-section-98-agreement/) - In my last post, I blogged about a case where the court sided with the owners after having found that the condo corporation treated them unfairly in the context of a dispute involving modifications to common elements. Again, in Durham Condominium Corporation No. 43 v. Bradley, the court had to deal with a dispute involving - [When Neighbourly Disputes Get Out of hands](https://stackcondolaw.com/when-neighbourly-disputes-get-out-of-hands/) - I was recently asked by CBC to comment on a war-of-the-roses type of dispute between neighbours. This non-condo court case playing out of Kingston involved two former neighbours who were suing each other for damages. It all started when, after a confrontation between the two neighbours, one of them tried to [...get ready for this one...] - [Soldier Ordered to Take Down Canadian Flag from Condo Unit](https://stackcondolaw.com/soldier-ordered-to-take-down-canadian-flag-from-condo-unit/) - This past week, a high-ranked soldier was ordered to take down the Canadian flag and pole affixed to his condo unit. Naturally, social media lit up over this, mostly with reactions of shock at such an unpatriotic demand - condo boards and managers are rarely seen as the good guys. Emotions aside, this leave us with - [Must Condos Making Renovations Implement Accessibility Measures?](https://stackcondolaw.com/condos-accessibility-and-the-ontario-building-code/) - Staying on top of accessibility issues can be a challenging task. There are many factors to juggle and many important rights to balance against one another. On top of all of this are the obvious financial and logistical concerns that can accompany making a building accessible. One worry that some corporations may have is, if they - [Do Police Need a Warrant to Investigate on Common Elements (Part I)](https://stackcondolaw.com/do-police-need-a-warrant-to-investigate-on-common-elements-part-i/) - The Toronto Star recently covered an interesting story involving Toronto police having installed a covert camera in the hallway of a condo corporation to assist in their investigation. They did so without a warrant but with the board's permission. This piece raised privacy concerns, which lead us to ponder on the duties, rights and obligations - [Do Police Need a Warrant to Investigate on Common Elements (Part II)](https://stackcondolaw.com/do-police-need-a-warrant-to-investigate-on-common-elements-part-ii/) - In this series of posts, we are exploring the question of whether condo corporations can (or should) assist police in the context of an ongoing investigation. [Have a look at our more recent blog post on this issue] In our prior posts, we reviewed two cases where police entered onto common elements for the purpose - [Lexology Legal Influencer Award](https://stackcondolaw.com/lexology-legal-influencer-award/) - Lexology has recently announced its Content Marketing Awards. We're delighted to announce that our own Rod Escayola was recognized as a Legal Influencer and Gowling WLG, as a Thought Leader for the first quarter of 2019. Gowling WLG has received this recognition for the last three consecutive quarters! These awards recognize authors who consistently provide Lexology - [Should Condo Owners Vote on Changes to Common Elements?](https://stackcondolaw.com/should-condo-owners-vote-on-changes-to-common-elements/) - A recurring question from our readers is whether condo owners are required to vote on a renovation project. Aside from the more important question of whether they should be consulted or informed (yes, they should), the legal question is whether consultation is mandatory and, if so, what is the level of support required for the - [2019 Ottawa Condominium Conference - 3 Directors for the Price of 2](https://stackcondolaw.com/2019-ottawa-condominium-conference-3-for-the-price-of-2/) - As we enter that special Canadian time of year where we keep getting teased with Spring weather, that can only mean one thing: the annual CCI-EO/ACMO Conference in Ottawa is around the corner! This year, the conference is being held on May 11, 2019. Like last year, the conference is taking place on a Saturday in - [Condo Owners not Entitled to the Email Addresses of Other Owners](https://stackcondolaw.com/condo-owners-not-entitled-to-the-email-addresses-of-other-owners/) - Over the years, there has been much debate over whether condo owners have a right to access the email addresses of other owners. Just as we were last blogging on this, the Condo Authority Tribunal was hearing a case on this exact topic. If there was any doubt, we now know: condo owners are not entitled - [Condo Events in Ottawa - Coming up Soon!](https://stackcondolaw.com/condo-events-in-ottawa-coming-up-soon/) - As we come out of the tail end of this year's second or third winter (I've lost count), we can see on the horizon that summer is around the corner. Beaches, patios, frisbee in the park, and (in the Ottawa region) two great new condo networking and learning opportunities! Both of these fantastic events will - [No Gender Parity on Condo Boards](https://stackcondolaw.com/sexism-on-condo-boards/) - Earlier this month, CBC published an article on gender parity on corporate boards across Canada. Its findings were surprising and it made us wonder whether condo boards fared better in Ontario. You may be surprised by the results of our research. Inequities in the corporate world As reported by the CBC, according to Statistics Canada, - [Can Owners Access Emails Exchanged Between Condo Directors?](https://stackcondolaw.com/can-owners-access-emails-exchanged-between-condo-directors/) - Earlier this month, the Condo Authority Tribunal (CAT) ruled on whether owners have a right to get copies or review emails exchanged between directors in circumstances where these emails are the basis of board decisions. In this specific case, the CAT concluded that these emails did not form part of the corporation's record and, as - [Not all Condo By-laws Require an Absolute Majority to Pass](https://stackcondolaw.com/not-all-condo-by-laws-require-an-absolute-majority-to-pass/) - As most of our readers know, condominium by-laws in Ontario can only be adopted if approved by at least a majority of all registered units. But this is not true of all by-laws. Some can be adopted by a "simple majority". This post is about those. What's a by-law? We've blog already on the difference between - [Can Condo Boards Take Decisions by Email?](https://stackcondolaw.com/can-a-condo-boards-take-decisions-by-email/) - Our last post on whether condo owners could access Board emails triggered quite the reaction from our readers. Many wondered whether condo boards could take decisions secretarially, by email, between meetings. Here's the answer. In theory, the answer is "no".... But what about in practice though? Read on. Are your condo fees too high? How do - [Condos Must Notify Owners Before They Commence Lawsuits](https://stackcondolaw.com/condos-must-notify-owners-before-they-commence-lawsuits/) - In a recent decision, the court analyzed the circumstances under which a condo corporation must notify its owners of its intention to commence a lawsuit. In most cases, such a notification must be provide before the lawsuit is even commenced. Failure to do so may invalidate the legal proceeding. This can have dire consequences if, in - [Court Upholds Condo Smoking Ban](https://stackcondolaw.com/court-upholds-condo-smoking-ban/) - In what may be the first case of its kind (at least as it pertains to cannabis), the Québec Superior Court of Justice recently upheld the legality and enforceability of a condo rule preventing tobacco and cannabis smoking inside units and in enclosed common elements. This is good news for those wishing to enforce similar - [Are your Condo Fees Too High?](https://stackcondolaw.com/are-your-condo-fees-too-high/) - Common expenses (commonly referred to as "condo fees") are a recurring grievance for those living in condos. They seem to always go up; they seem to never cover enough and owners often feel they have no control over them. In this post we discuss what goes into the calculation of common expenses. NEW: Take our - [Can Condos Reimburse Budgetary Surpluses to Owners?](https://stackcondolaw.com/can-condos-reimburse-budgetary-surpluses-to-owners/) - Condo corporations are not-for-profit organizations. Technically, they are not supposed to make a profit. Having said that, they are not charitable organizations either. When faced with a deficit, condo corporations must collect more from owners to get ends to meet. But what are they to do with a surplus? This is what this post will - [Condos Must Step in When an Aggressive Owner Goes Too Far](https://stackcondolaw.com/condos-must-step-in-when-an-aggressive-owner-goes-too-far/) - As the old saying goes, “You catch more flies with honey than you do with vinegar.” For my first Condo Adviser post, I wanted to review a recent decision that sets out two key statutory duties imposed on a condo corporation when faced with a potentially aggressive condo owner. The facts of Ottawa Carleton Standard - [Condo Liens: What is the Required Minimum Notice?](https://stackcondolaw.com/condo-liens-what-is-the-minimum-notice-required/) - In a recent Ottawa case, the courts clarified how condo corporations are to calculate the minimum 10-day notice requirement prior to being able to register a lien on a defaulting unit. This post sheds some light on this tricky requirement. Are your condo fees too high? How do they compare? Help us take an accurate - [Managers Soliciting Proxies: Do's and Don'ts](https://stackcondolaw.com/managers-soliciting-proxies-dos-and-donts/) - Despite the province's vaillant efforts, proxies continue to cause confusion and to foster distrust. One of the questions we're often asked is whether it is proper to encourage owners to return their proxies to management? If not, who should the proxy be handed to? Are your condo fees too high? How do they compare? Help us - [Steps to Take When the Board Loses Quorum](https://stackcondolaw.com/steps-to-take-when-the-board-loses-quorum/) - It is easy to forget that condominium corporations don't simply run themselves. They are run by people. Volunteers with other family, social and professional obligations that keep them busy. So what happens when the board loses some of its members? What if it loses quorum? There are many reasons this can occur. Family emergencies, illnesses, - [Are you Getting Good Value for your Condo Fees?](https://stackcondolaw.com/are-you-getting-good-value-for-your-condo-fees/) - In 2019, we launched our most ambitious survey, aimed at getting an accurate picture of condo fees in Ontario. What drives them up or down? How does the age or size of the corporation affect them? How do they compare from city to city? How do highrise compare to townhomes? What amenities are more expensive - [Federal Elections: Canvassing and Electoral Signs in Condos](https://stackcondolaw.com/federal-elections-canvassing-and-electoral-signs-in-condos/) - And they're off to the races !! The prime minister has asked the Governor General to dissolve parliament, setting the stage for Canada next general election. Blue, green, orange and red electoral signs (we've listed them alphabetically) will soon be popping everywhere and candidates will start canvassing. In fact, two local candidates have already knocked on my door, - [Court Expands Condo Lien Notification Requirements](https://stackcondolaw.com/court-expands-condo-lien-notification-requirements/) - In a not yet reported case, courts appear to have expanded the notice requirement when liening a condo unit. Failure to properly notify the owner's spouse may render the lien invalid as against said spouse, even if she neither owns, nor occupies the unit. Facts of the case This case involves a condo unit registered - [Condo Forms to be Delegated to the CAO?](https://stackcondolaw.com/condo-forms-to-be-delegate-to-the-cao/) - Are you still struggling with the various condo forms? We keep hearing that some of them are confusing and difficult to complete. Many of these forms also continue to be fillable online only if you use Internet Explorer. And don’t get us started on the proxy… Don’t despair, there may be light at the end - [Condo Declaration May Not Impose an Obligation to Lease Parking in Perpetuity](https://stackcondolaw.com/condo-declaration-may-not-impose-an-obligation-to-lease-parking-in-perpetuity/) - In a recent decision, a judge ruled that a provision in a condo declaration which imposed on the corporation an obligation to lease back parking spots in perpetuity is unenforceable, against public policy and against the Planning Act. The condo corporation was permitted to terminate the lease. Facts of this case This case involved a dispute - [Rosh Hashana Greetings – and a Refresher on Religious Accommodation in the Condo World](https://stackcondolaw.com/rosh-hashana-greetings-and-a-refresher-on-religious-accommodation-in-the-condo-world/) - This coming Sunday evening to Tuesday evening (Sept.29-Oct.1), this CondoAdviser contributor will be logging off and spending 2 days with family and community for the observance of the Jewish High Holiday of Rosh Hashana. Rosh Hashana marks the New Year, pursuant to the Jewish lunar calendar. This year, we celebrate Year 5780! In this holiday season, - [Condo's Legal Bills Sent to be Assessed](https://stackcondolaw.com/condos-legal-bills-sent-to-be-assessed/) - A recent court decision, Temedio v NNCC No. 6, reminds condominium corporation to be reasonable and measured when enforcing their rules and warns against excessive legal fees charged to owners. This case, provides some useful insight into the situation that unfortunately, many owners find themselves in: being asked to pay their condominium's legal bills when they breach the rules. - [CAO Fees Reduced for Another Year!](https://stackcondolaw.com/cao-fee-reduced-for-another-year/) - For a second year in a row, the CAO has announced that it will be implementing a temporary 25 per cent reduction to its budgeted annual fee payable by condo corporations. This reduction will be applicable to the 2020-2021. As you know, the CAO provides information, training, dispute resolution and other consumer protection condo-related services - [Ontario’s Small Claims Court Raising its $$ Limits](https://stackcondolaw.com/ontarios-small-claims-court-is-raising-its-limits-a-discussion/) - Effective January 1, 2020, the Government of Ontario has raised the monetary threshold for Small Claims Court from $25,000 to $35,000. This means that, as of that date, monetary claims of up to $35,000 will have to be brought to Small Claims Court. Anything above that amount will continue to be adjudicated by the Superior - [The 10-Day Countdown to Condo Liens is Not as Simple as it Sounds](https://stackcondolaw.com/the-10-day-countdown-to-condo-liens-is-not-as-simple-as-it-sounds/) - The decision of CCC 476 v Wong, 2019 ONSC 4207 released this past summer has provided some clarity around an issue that most people may not have realized was even an issue... counting to 10. Stay with me here. As many of our readers will know, one of the most effective tools that condo corporations have - [The Day Canada Became a Nation - Remembrance post](https://stackcondolaw.com/remembrance-month-the-day-canada-became-a-nation/) - Every November, we pause to remember the many who answered the call of duty and those who paid the ultimate price for the freedom of others. This year marks the 80th anniversary of the start of World War II. Indeed, on September 1st, 1939, Germany invaded Poland. Within days, on September 3, when Germany did - [Changes to Electricity Cost for Condos](https://stackcondolaw.com/changes-to-electricity-cost-for-condos/) - The Ontario government has announced the introduction of a new Ontario Electricity Rebate program, in replacement to the old "Fair Hydro Plan" set by the previous government. These changes, some of which are effective November 1, 2019, are meant to show the true costs of electricity to Ontarians. The province is announcing that the electricity - [First 10 Things to do After a Condo AGM](https://stackcondolaw.com/first-10-things-to-do-after-a-condo-agm/) - Your condo just held its Annual General Meeting (AGM). New directors were elected (maybe even more daunting, you were elected). Now what? There's lots of work ahead, certainly! But where do you start. Allow us to list the first 10 things you should consider doing following the AGM: Task #1: Proxies, ballots and registration sheets As mundane as - [Changes to "Slip and Falls" Involving Condos?](https://stackcondolaw.com/changes-to-slip-and-falls-involving-condos/) - The province of Ontario is considering potential changes to the Occupiers' Liability Act, which (if adopted) would bring drastic changes to how claims for slip and falls can be brought against condo corporations. Indeed, Norman Miller (the Parry Sound-Muskoka MPP) is sponsoring a private members' bill aimed at imposing strict (and very short) time limits to - [Condo-Retirement Homes Must Treat Everyone Fairly](https://stackcondolaw.com/condo-retirement-homes-must-treat-everyone-fairly/) - “The trouble with retirement is that you never get a day off.” – Abe Lemons What happens when a condo also happens to be a for-profit, corporate-controlled Retirement Home, but not all owners contribute equally to the mandatory assisted-living expenses? Well, in a recent Superior Court decision, the Court declared that it was unfairly prejudicial - [Cameras and Police Investigations on Common Elements: Limits of Board Authority](https://stackcondolaw.com/cameras-and-police-investigations-in-common-elements-limits-of-board-authority/) - The Ontario Court of Appeal has issued an important decision giving condo boards some clarity on how much they are expected to cooperate with police investigations. It also traces clear limits on investigatory powers police have on common elements. Ultimately, the Court of Appeal helps us understand whether police can conduct investigations on common elements, - [Condo Forms About to Get a Lot Simpler!](https://stackcondolaw.com/condo-forms-about-to-get-a-lot-simpler/) - Breaking news for anyone who has ever attempted to fill out one of the Government of Ontario's condo forms! The province has just announced that, as of January 1, 2020, the responsibility for 17 of the forms under the Condo Act will be delegated to the CAO, and will no longer be hosted on the - [Prohibiting Nuisance, Annoyance and Disruption in Condos](https://stackcondolaw.com/prohibiting-nuisance-annoyance-and-disruption-in-condos/) - The province is seeking your input on 2 very important (and related) matters: Better regulating nuisance, annoyance and disruption in condos; Expanding the Condo Authority Tribunal's authority to deal with disputes related to these. Your views and comments on these important changes must be sent in before January 31, 2020. Nuisance, annoyance and disruption One - [The Condo Director Who Stole Christmas](https://stackcondolaw.com/the-condo-director-who-stole-christmas/) - As we approach year end and embark on our collective mad-dash towards the holidays, we thought we'd revisit a Christmas classic and adapt it to the condo world. Here's our last post of the year; our Condo Christmas Story. Some names and identifying details have been changed to protect the privacy of individuals involved. You're a - [Condo Adviser Receives a Clawbies Award](https://stackcondolaw.com/condo-adviser-receives-a-clawbies-award/) - New Years Eve brought in great news and some bragging rights to the Condo Adviser team! Indeed, on December 31, 2019, we had the immense (and unexpected) honour of being inducted in the Clawbies Hall of Fame! This recognition came after having received 3 prior Clawbies since our launch 4 years ago. Our induction in the - [The Condo Forms Have Moved !! Find Them Here!](https://stackcondolaw.com/the-condo-forms-have-moved-find-them-here/) - As of January 1, 2020, the province of Ontario has delegated to the Condominium Authority of Ontario the responsibility over 17 of the most used condo forms. As a result of this, most of these forms have now moved away from the government's website onto the CAO website. FEAR NOT! We, at Condo Adviser, have updated - [Condo Tasks to do this Month](https://stackcondolaw.com/condo-tasks-to-do-this-month/) - As the blissful haze of the holiday period dissipates, it's back to regular business to all of the Condo Geeks out there. With this post, let us remind you of some tasks requiring your (near) immediate attention. Apply for the new Electricity Rebate Program Last November, the province introduced a new Ontario Electricity Rebate program - [Condos Cannot Lien the Cost of Seeking Compliance](https://stackcondolaw.com/condos-cannot-lien-the-cost-of-seeking-compliance/) - A recent Toronto decision (Amlani v. YCC 473) has made it far more difficult for condo corporations to get indemnified when seeking compliance from owners. The decision is also a friendly reminder for condo corporations to act reasonably and to prefer resolution over litigation. Facts of the case The facts are complex but can be - [Condos Must Act Reasonably When Seeking Compliance](https://stackcondolaw.com/condos-must-act-reasonably-when-seeking-compliance/) - Well, loyal readers, it looks like the most recent Superior Court decision, Amlani v YCC 473 has caused quite a stir in the Condo blogosphere. Our last post on this decision concluded that Condos Cannot Lien the Cost of Seeking Compliance. Some of our esteemed colleagues have since agreed with our take that costs for compliance can never - [Condos Must Act Reasonably When Imposing a Section-98 Agreement](https://stackcondolaw.com/condos-must-act-reasonably-when-imposing-section-98-agreement/) - As we have posted time and time again, it is very important for condo corporations to treat owners reasonably and fairly. This is true even when the condo is acting to fulfill its requirements under the Condominium Act. The Court of Appeal recently released a decision that reflects on this important aspect of corporate governance, Noguera v MCC - [Condos Must Notify Owners Before Commencing Lawsuits 2.0](https://stackcondolaw.com/condos-must-notify-owners-before-commencing-lawsuits-2-0/) - In a recent decision, the Ontario Court of Appeal has confirmed that condo corporations must advise owners of their intention to commence a lawsuit but, reversing a 37 year old legal precedent, it has injected some flexibility in how courts will deal with a corporation's failure to comply with this obligation. The facts of the - [The Province wants YOU... to provide your thoughts on the Condo Act changes](https://stackcondolaw.com/the-province-wants-you-to-provide-your-thoughts-on-the-condo-act-changes/) - As many of you Condo Geeks know, there are many planned changes to the Condominium Act that are not yet in effect. To see what these sections are, you can look at the Act here. Sections highlighted in grey are not yet in force. Several steps are required in order to implement more of these proposed changes, - [Are we Facing a Condo Insurance Crisis?](https://stackcondolaw.com/are-we-facing-a-condo-insurance-crisis/) - Many are sounding the alarm, claiming that the condo industry is facing an insurance crisis. We will explore this over the next few posts. In the meantime, to help us better understand the state of insurance in the condo world, we encourage our readers to take our survey on condo insurance. [This survey is easier to - [Condo Manager's Perspective - Guest Blogging Contest](https://stackcondolaw.com/condo-managers-perspective-guest-blogging-contest/) - Believe it or not, the Condo Adviser is approaching its 5th year anniversary. Indeed, we published our first blog post on March 24, 2015. Since then, we have published over 285 posts and are now approaching our Millionth page view! Naturally, all along, our focus has been on the law of condo - that's what we - [Condo Things to do this Month](https://stackcondolaw.com/condo-things-to-do-this-month/) - There are lots of condo tasks (and learning opportunities), this month, and most are at the beginning of the month! As the adage goes, March is coming in like a lion! CMRAO Survey - March 6 The CMRAO is conducting a very short Satisfaction Survey. It takes less than 4 minutes to complete but you have - [Coronavirus in Condos](https://stackcondolaw.com/coronavirus-in-condos/) - There is no need to cause unnecessary panic over this but, there is no denying it either: the Coronavirus has reached our shores and is spreading. Our first comment will be one of cautious optimism. Indeed, the Public Health Agency of Canada (PHAC) continues to assess the public health risk as low for Canada. Still, - [CondoVirus Webinar - March 18](https://stackcondolaw.com/coronavirus-in-condos-webinar-wednesday-march-18-7pm/) - Episode 1: Declaration of Emergency March 18, 2020 The new 3 "P's": Prepare to avoid Panic over the Pandemic As a result of the coronavirus outbreak, schools, museums and other public venues are proactively being shut down. Similarly, employers are encouraging their staff to work remotely. As a result of this, nearly 1.5 million Ontarians - [Should Condo AGMs be Cancelled Amid the Coronavirus Crisis?](https://stackcondolaw.com/should-condo-agms-be-cancelled-amid-the-coronavirus-crisis/) - The single most asked question (after "why are people stocking up on toilet paper?") is should you cancel/postpone your AGM this year, as part of the required social distancing measures? While the situation is in flux, here are our views on this. Are you looking for a good template letter to be shared with your - [Ontario State of Emergency: Impact on Condos](https://stackcondolaw.com/ontario-state-of-emergency-impact-on-condos/) - At 8:30 on March 17, Ontario Premier Doug Ford declared a state of emergency in the province to combat the spread of the Coronavirus (COVID-19). As part of this declaration, the province is prohibiting gatherings of more than 50 people, including indoor recreation centres, theatres, concert venues, places of worship, private schools and day care - [CondoVirus Webinar: Locking Down CondoLand (March 25)](https://stackcondolaw.com/next-webinar-on-coronavirus-in-condos-wednesday-march-25/) - Episode 2: Locking Down CondoLand March 25, 2020 Topics: Quarantine rules: Can corporation enforce it and to what extent? Access to the building and to units: move in/out; deliveries, in suite renos... What to do with short-term rentals and guests suites? Collecting fees, special assessments and liens Auditor and budgets during the crisis Speakers: Brian Antman - [Are Deadlines to Register Condo Liens Suspended?](https://stackcondolaw.com/are-deadlines-to-register-condo-liens-suspended/) - At about 9:30 Friday night, the province of Ontario issued an Order in Council suspending all limitation periods and all procedural deadlines to be taken in civil proceedings. While this was welcomed news for litigators in Ontario, it raised a vital question for condo lawyers: Does this Order also suspends the 3-month deadline to register condo - [Ontario Closing all Non-Essential Services - What Does that Mean for Condos?](https://stackcondolaw.com/ontario-closing-all-non-essential-services-what-does-that-mean-for-condos/) - On March 23, 2020, Premier Ford informed the public that all "non-essential" workplaces are being closed down, as soon as possible, and by 11:59 pm on Tuesday, March 24, 2020 at the latest. The forced closure is expected to last 14 days. CBC reported on this here. This followed a similar directive from the premier of Quebec. - [Condo Managers are Included in Essential Services (Ontario)](https://stackcondolaw.com/condo-managers-are-included-in-essential-services-ontario/) - On Monday, Ontario declared that all non-essential workplaces would be closed down for at least 14 days amid the Coronavirus crisis. At the time of this press conference, the province was still working on the list of essential services. We were expecting the list to come out on Tuesday but a preliminary list was released - [CondoVirus webinar - Maintaining Safety and Security Amid Covid-19 (April 1)](https://stackcondolaw.com/next-webinar-maintaining-safety-and-security-amid-covid-19-april-1-5pm/) - Episode 3 - "Safety, Security and Ongoing Capital Projects" April 1st, 2020 Topics: Status Update: including from various regulatory bodies Federal Invoking the Quarantine Act: Impact on condos Safety and Security: inspection, maintenance and long term planning Capital projects: scheduling or postponing work and securing contractors/resources The National Life Safety Group has accepted to release for public use - [Health and Safety Measures Required in Condos - COVID19](https://stackcondolaw.com/health-and-safety-measures-required-in-condos-covid19/) - Both Toronto and Ottawa (amongst other cities) are urging condo corporations to immediately implement measures and protocols to ensure the health and safety of their residents. Don't miss our free webinars on the impact COVID-19 has on condos. More info and registration form here. Toronto In a press release dated March 27, Toronto urges "building - [Top 10 List of COVID19 Precautions in Condos](https://stackcondolaw.com/top-10-list-of-covid19-precautions-in-condos/) - We've all been swamped with an avalanche of blog posts and notices related to COVID-19 in condos. There are so many of them it's hard to keep up. To help you with this, we're reviewed multiple posts and are providing, below, a Top-10 list of precautions corporations ought to have taken by now. Don't miss - [Next CondoVirus Webinar - "Things are Getting Real" (April 7 @ 5pm)](https://stackcondolaw.com/next-condovirus-webinar-things-are-getting-real-april-7-5pm/) - Our next webinar is scheduled for Tuesday April 7 at 5 pm (Eastern time). Check our next webinars here. Topics: We're still finalizing the agenda but we are being flooded with questions. We will cover the following topics (and more). Changes to essential services The province has changed its definition of essential services Not all condo - [Court Suspends Unit Renovations in Urgent Hearing Amid Covid Crisis](https://stackcondolaw.com/court-suspends-unit-renovations-in-urgent-hearing/) - Last week, Ontario reviewed and reduced its list of "essential services". Doing so, it reviewed which business could remain open and which ones ought to be closed pursuant to the its Emergency Management and Civil Protection Act. This was done to further minimize the spread of the COVID-19 virus. Change to Management Amongst the many changes, - [CondoVirus Webinar - "Implementing the New Normal" (April 14)](https://stackcondolaw.com/next-condovirus-webinar-implementing-the-new-normal-april-14-at-5pm/) - Episode 5: Implementing the New Normal April 14, 2020 Topics: We're still finalizing the topics to be covered but so far we are getting questions on the following: How to deal with a covid death at the condo Owners' meetings and AGMs - a moving target How to adopt a by-law to allow electronic voting - [Covid Weekly Update : 5 Things your Condo Needs to Know](https://stackcondolaw.com/covid-weekly-update-5-things-your-condo-needs-to-know/) - To help reduce the Covid-fatigue we're all suffering from, we try to collate relevant information in a single post. Here's your weekly update, listing 5 things your condo needs to know to keep up with the ever changing situation. We hope you find that useful and we hope you'll join us at tomorrow's webinar(April 14, 5 - [Comparing "Condo Fees" Across Ontario - Survey Results](https://stackcondolaw.com/comparing-condo-fees-across-ontario-survey-results/) - In 2019, our most ambitious survey, aimed at getting an accurate picture of "condo fees" across Ontario: What drives them up or down? How the age or size of the corporation affect them? How they compare from city to city? How highrises compare to townhomes? What amenities are more expensive to maintain? Most importantly, how - [Past Condo Webinars On Demand](https://stackcondolaw.com/past-condo-webinars-on-demand/) - The wait is over! We've finally posted our past webinars. You can now view them on demand! You can stream our past webinars (and access the various resources shared) by clicking on our Webinar tab (at the top of the page) or by scrolling below. This Week's Condo Webinar Don't miss our upcoming webinar on - [CondoVirus Webinar - "The Beat Goes On" (April 22)](https://stackcondolaw.com/next-condovirus-webinar-the-beat-goes-on-april-22-at-5-pm/) - Episode 6: "The Beat Goes On" April 22, 2020. Topics: Insurance Conundrum: Are you insured for this? How to protect your directors and the corporation against future claims? Engineering riddle: Is my HVAC contributing to the problem? Can we proceed with this urgent work? Financial mystery: Do we qualify for any of the federal subsidies? - [Condos’ E-Meeting and E-Voting By-laws](https://stackcondolaw.com/why-condos-should-adopt-an-e-meeting-and-e-voting-by-law/) - A lot has been written about virtual AGM's and electronic voting lately. These concepts are not new but their requirement is being precipitated by the current pandemic. In this post, we set out the step-by-step process by which your condo corporation can eventually hold virtual meetings and get owners to votes electronically. Don't miss our - [Ontario Postpones AGMs & Allows E-Meetings / E-voting and Electronic Communications to Owners](https://stackcondolaw.com/ontario-postpones-agms-allows-e-meetings-e-voting-and-electronic-communications-to-owners/) - On Friday evening, Ontario issued an Order in Council temporarily amending the Condominium Act to facilitate ongoing condo governance, amid the Covid-19 crisis. The changes being implemented immediately (and retroactively) are broad and have a significant impact on how condos will conduct business during this period of emergency. We're summarizing these changes below. Join us - [CondoVirus Webinar: "The Long and Winding Road" - April 29](https://stackcondolaw.com/next-condovirus-webinar-the-long-and-winding-road-april-29-at-5pm/) - CondoVirus Webinar: "The Long and Winding Road" Episode 7 - April 29 Topics: Legal Enigma The province has adopted an urgent order in council: Postponing all AGMs Allowing for e-meeting and e-voting Authorizing electronic communications Permitting virtual board meetings What does it all mean for you? To call or not to call your AGM? How - [Not All Condo Meetings Have Been Suspended in Ontario](https://stackcondolaw.com/not-all-condo-meetings-are-suspended-in-ontario/) - As blogged earlier, Ontario has passed an Order in Council suspending the requirement to hold condo AGMs and permitting e-voting and e-meetings. That was welcomed news! But there appears to be some confusion as to what this Order in Council applies to. Not all meetings of owners have been suspended. Don't miss our next CondoVirus - [CondoVirus Webinar: The Light at the End of the Tunnel" (May 6)](https://stackcondolaw.com/next-condovirus-webinar-the-light-at-the-end-of-the-tunnel-wed-may-6-5pm/) - Episode 8 - The Light at the End of the Tunnel May 6, 2020 Topics: Legal Enigma The new list of essential services Reopening Ontario: where do condo fit? Virtual AGMs Minute takers in a virtual setting Governance in post-covid Engineering Stumper Compliance with prompt payment legislation during Covid Conducting projects while social distancing Safety/Security - [CondoVirus Webinar: "Coming Out of the Dark" (May 13)](https://stackcondolaw.com/next-condo-webinar-coming-out-of-the-dark-may-13-5pm/) - Episode 9: Coming Out of the Dark Topics: Ontario is cautiously easing restrictions and CondoLand is chomping at the bit to return to normal. Locking down was the easy part. Holding back and prudently easing off will be far more difficult. This week, our expert panel will tackle the following topics: Easing Restrictions Update on - [Covid Changes to the Condo Act are here to stay ... for a while.](https://stackcondolaw.com/covid-changes-to-condo-act-are-here-to-stay-for-a-while/) - Today, in a legislative sprint, Ontario fast tracked Bill 190 (the "Covid-19 Response and Reforms to Modernize Ontario Act, 2020"). This Bill is modernizing numerous pieces of legislation to adapt them to our post-Covid world. With respect to the Condo Act, this Bill confirmed that some of the temporary changes adopted on April 24 are - [Ontario Lifting Some Restrictions Impacting Condos](https://stackcondolaw.com/ontario-lifting-some-restrictions-impacting-condos/) - AT 1:30 today, Premier Ford announced the lifting of certain restrictions as part of the first Phase of reopening Ontario. The complete list of Stage 1 Business can be consulted here. What restrictions have been lifted? The following restrictions have been lifted: All construction can resume and essential workplace limits (on construction) are lifted; Retail - [CondoVirus Webinar: "Reopening CondoLand" (May 20)](https://stackcondolaw.com/next-condovirus-webinar-reopening-condoland-wednesday-may-20-at-5pm/) - Episode 10: "Reopening CondoLand" Topics: Reopening Ontario What restrictions have been lifted? What is the practical impact on condos? Management Puzzle Can we go ahead with... Window washing? Landscaping? Interior maintenance/repairs of common elements? Benches/gazebos/patios? BBQ season (private and communal)? Social events? Realtors' visit of amenities? Legal Enigma In-unit renovations precautions, a step-by-step guide What - [CondoVirus Webinar: Mock Virtual AGM (May 27)](https://stackcondolaw.com/join-us-for-a-mock-virtual-agm-wednesday-may-27-at-5pm/) - Episode 11 "Mock Virtual AGM" Everyone is talking about virtual AGMs being the way of the future. But how the heck will these things work? Fear not, Gowling Landings held its first Virtual AGM on May 27, 2020. All owners were able to see, feel and try the process from beginning to end. How did it - [CondoVirus Webinar: "Electronic Voting (June 3)](https://stackcondolaw.com/next-webinar-how-will-electronic-voting-work/) - Episode 12: "Electronic Voting" Feel free to share your views about virtual meetings by taking our survey. Last week, we dealt with electronic voting. To help us with this, we invited CondoVoter to host Gowling Landings' next AGM. We walked through e-voting from beginning to end: The Preliminary notice; The General notice; How candidates will upload their - [CondoVirus Webinar: Live Q&A and Comparing Condo Fees Across Ontario (June 10)](https://stackcondolaw.com/next-webinar-live-qa-and-comparing-condo-fees-across-ontario-wed-june-10-at-5pm/) - Episode 13: "How do your condo fees compare?" NEW: Take our 2021 condo fee survey to update our data on condo fees! We're all a little covid-fatigued. So, we thought of doing something different this week. We divided the webinar in two segments: First, a live Q&A session (we like to live on the edge); - [Condos Must Act Reasonably or Face Litigation Cost](https://stackcondolaw.com/condos-must-act-reasonably-or-face-litigation-cost/) - The court recently reported the costs decision in the Amlani matter. As many other costs decisions, it is a sobering reminder that condo corporations ought to consider reasonable alternatives to litigation or risk facing costs consequence. The Amlani case You may recall that the Amlani case involved a dispute between a condo owner and the - [Is it Time to Reopen Condo Pools and Gyms?](https://stackcondolaw.com/ontario-lifts-more-covid-restrictions-affecting-condoland/) - It is best to consult our COVID tab at the top of our blog to see the up-to-date restrictions applicable to your region and municipality. **** In a press release issued yesterday, Ontario has announced that it was lifting more of the covid restrictions affecting CondoLand. We have a more recent post on the topic. - [CondoVirus Webinar: Getting Ready for a Covid Summer (June 17)](https://stackcondolaw.com/next-webinar-getting-ready-for-a-covid-summer-june-17-at-5pm/) - Episode 14: Getting Ready for a Covid Summer Ontario is lifting restrictions; pools and patios are set to open and social bubbles are expanding. Tune in to hear our experts discuss the steps to take now as CondoLand prepares for the summer: Precautions if you are going to reopen Your patios, BBQs, Rooftop terraces Pools Adopting - [This Week is the Deadline to Secure any Covid-Liens Stemming from a Default in April](https://stackcondolaw.com/this-week-is-the-deadline-to-secure-any-covid-liens-stemming-from-a-default-in-april/) - As we all know, COVID-19 and its financial effects have been very tough on Ontarians across the province. Unfortunately, this may well have resulted in some owners missing common expense payments back in April (and perhaps since then). While not a pleasant task, condominiums must ensure that they take the proper steps to secure these - [CondoVirus Webinar: Facing Condo Insurance Challenges (June 24 )](https://stackcondolaw.com/next-webinar-facing-condo-insurance-challenges-june-24-at-5pm/) - Episode 15: Insurance in Condos This week, in the last episode of the season, we thought we'd tackle condo insurance. Specifically we will tackle the following: Condo Insurance Challenges What affects the premium and the deductible How to keep both low Changes in the insurance industry affecting condos Adopting a Standard Unit by-law The purpose - [Are Covid Masks Mandatory in Condos?](https://stackcondolaw.com/are-covid-masks-mandatory-in-condos/) - Both Toronto and Ottawa have adopted a by-law (or directive) imposing the use of face masks in indoor public spaces. This week's questions are therefore: Do these apply to condos? And what should condos do? We have a more recent post on this topic. Tell us how you feel about masks in condos by taking - [Ontario Entering Stage 3: What Does it Mean for Condos?](https://stackcondolaw.com/ontario-entering-stage-3-what-does-it-mean-for-condos/) - Ontario has announced the reopening of nearly all business and public spaces (with proper public health and workplace safety measures/restrictions) in areas moving onto Stage 3. This is effective as early as this Friday. Naturally, the next question for our readers is: what does that mean for condos? The answer continues to be the same: - [Is it Time to Reopen your Condo Gyms?](https://stackcondolaw.com/is-it-time-to-reopen-your-condo-gyms/) - Update: It is best to consult our COVID tab at the top of our blog to see the up-to-date restrictions applicable to your region and municipality. *** We have a more recent post on the topic. In our prior post, we reported that (most of) Ontario is moving onto Stage 3, which means that most - [Mandatory Face Masks in Condos? (Take II)](https://stackcondolaw.com/are-face-masks-mandatory-in-condos-take-ii/) - We've blogged on face masks in condos already (and I fear this may not be the last time we do) but we need to revisit the issue of masks in common elements for the following two reasons: Ottawa adopted a Temporary Mandatory Mask By-law, on July 15, 2020; Toronto's Mayor and Medical Officer now recommend - [End of Covid Emergency: New Deadlines to Call your AGMs!](https://stackcondolaw.com/end-of-covid-emergency-time-to-call-your-agm/) - Just as we were getting "comfortable" with the current state of affairs, Ontario has shaken things up again with the adoption and proclamation of Bill 195. This has officially brought the declared emergency to an end and has started the countdown towards all postponed AGMs. It also means that condos have a limited period of - [Toronto moves to Stage 3 and Requires Masks in Condos!](https://stackcondolaw.com/toronto-moves-to-stage-3-and-requires-masks-in-condos/) - Did you feel the earth shake yesterday? Ontario gave Toronto and Peel Region the green light to move to Stage 3 (with the rest of the province), effective July 31; Toronto passed a by-law making masks mandatory in all condo interior common areas, effective August 5! Click here for an easy-to-follow chart with your new - [Ontario Further Eases Gym Restrictions](https://stackcondolaw.com/ontario-further-easing-of-gym-restrictions/) - Update: It is best to consult our COVID tab at the top of our blog to see the up-to-date restrictions applicable to your region and municipality. **** Ontario announced today amendments to its Stage 3 regulations as they pertains to the operation of gyms. While the province is easing off some restrictions, it is maintaining - [Tenants Ordered to Pay a Condo's Compliance Legal Fees](https://stackcondolaw.com/tenants-may-be-ordered-to-pay-a-condos-legal-fees/) - As many of our readers know, under section 134 of the Condominium Act, when a condo corporation successfully brings a Court application to obtain compliance with its governing documents, it can also charge back to the unit its reasonable legal costs in doing so (provided that the corporation has obtained an order for damage or - [Mandatory Masks in Ottawa Condos](https://stackcondolaw.com/mandatory-masks-in-condos-is-ottawa-next-in-line/) - Update: Ottawa has now voted to make masks mandatory in interior common elements As Ontario reopens, an increasing number of municipalities are adopting bylaws making it mandatory to wear masks while in condo's interior common areas. On August 26, Ottawa has voted to expand its temporary mask bylaw to all interior common elements. Ottawa voted - [Condo Tribunal Expands Jurisdiction to Deal with Pets, Parking, Lockers and Chargebacks!](https://stackcondolaw.com/condo-tribunal-expands-jurisdiction-to-deal-with-pets-parking-lockers-and-chargebacks/) - The Province has announced that, starting October 1, 2020, the jurisdiction of the Condo Tribunal will be expanded to deal with disputes related to: pets or other animals (are there non-pet animals in units ?!), parking, vehicles (there is a long list of what constitutes a vehicle, including bikes, kayak, drones and aircrafts....), storage, and - [Webinar: COVID Update - Reopening Amenities Safely (Sept. 9 /20)](https://stackcondolaw.com/webinars-are-back-covid-update-on-wed-september-9-5pm/) - After a lazy summer hiatus, the Fab Fours and your favourite Condo Twins are back!! Topics Naturally, our first episode will focus on... you've guessed it: COVID. Lots has happened since our last webinar of last Spring: Ontario had ended the emergency, most of Ontario has entered into phase 3 and many cities have adopted - [Mandatory Registration for Short-Term Rentals (in Toronto)](https://stackcondolaw.com/mandatory-registration-for-short-term-rentals-in-toronto/) - The City of Toronto has launched a new online registration system for short-term rental operators who rent their homes on a short-term basis for a period of less than 28 consecutive days. To see the new system, you can click this link. Accordingly, short-term rental operators must register, online, with the City in order to - [Deadlines to Hold your AGMs - Book Them Now!](https://stackcondolaw.com/deadlines-to-hold-your-agms-book-them-now/) - Ontario issued, last week, an update on the various extensions that had been granted with respect to AGMs during the pandemic. The message is clear: extensions are over and AGMs must be held! Feel free to share your views about virtual meetings by taking our survey. Extensions during the pandemic You will recall that, during - [Canada's First Virtual Condo Conference: THIS week.](https://stackcondolaw.com/canadas-first-virtual-condo-conference-this-week/) - Finally! Canada's First Virtual Condo Conference is upon us. When? The conference takes place over two days: Wednesday Sept. 16 Thursday Sept. 17 from 10 am to 3 pm. You can log in and out to hear your favourite speakers/topics and to virtually meet the exhibitors! Topics and speakers Have a look at the very exciting - [New Cap on AGM Size as Ontario Rolls Back Limits on Social Gatherings](https://stackcondolaw.com/new-cap-limit-on-agms-as-ontario-rolls-back-social-gathering-limits/) - As the number of COVID cases are creeping up again, Ontario is lowering the limit of social gatherings in some areas of the province. This may have an immediate and direct impact on whether you can hold an in-person AGM or not. Update (Sept. 19, 2020): the gathering limits referred to in this post are - [Do Social Gathering Limits Apply to Condo AGMs?](https://stackcondolaw.com/do-social-gathering-limits-apply-to-condo-agms/) - This past Saturday, Ontario expanded to the rest of the province the indoor 10-people "social gathering" limit. We blogged already on the impact these new limits have on Condo AGMs. Many condos who had planned smaller, more intimate in-person AGMs are being caught off guard and are now scrambling to go online or to reschedule - [Webinar: Condo Tribunal's New jurisdiction, Chargeback (and COVID) - Oct.7 @5pm](https://stackcondolaw.com/webinar-condo-tribunals-new-jurisdiction-chargeback-and-covid-oct-7-5pm/) - Don't miss our next webinar on Wednesday October 7, at 5pm ET. Here's the registration link, but read on to learn more about the exciting topics and line up. Topics Starting in October, the Condo Tribunal will vastly expand its jurisdiction to deal with additional condo disputes, including disputes over: Pets Parkings Vehicles Storage Chargebacks - [Ontario Extends the Period Allowing Virtual AGMs, Electronic Notifications and Remote Board Meetings](https://stackcondolaw.com/virtual-agm-deadline-extended-we-can-all-breathe-a-sigh-of-relief/) - As many of our readers know, in response to the COVID-19 pandemic, the Provincial Government had amended the Condominium Act to allow corporations across the province to hold their AGMs virtually, even without a bylaw permitting it. However, as the state of emergency was ended on July 24, 2020, this exception period was scheduled to end - [Province Regulates Face Masks and Meeting Limits in Condos](https://stackcondolaw.com/province-regulates-face-masks-and-meeting-limits-in-condos/) - Until Friday, face masks in condos were regulated by municipalities and by condo corporations but not by the province. Indeed, many municipalities (including Toronto, Mississauga, Brampton, York, Burlington and Ottawa) required that face masks be worn while on interior common elements. We've blogged on this already. Friday, the province of Ontario amended its general COVID - [Ontario Rolling Back to Stage 2: Closing Gyms and Conference Centres](https://stackcondolaw.com/ontario-rolling-back-to-stage-2-closing-gyms-and-conference-centres/) - It is best to consult our COVID tab at the top of our blog to see the up-to-date restrictions applicable to your region and municipality. **** On Friday, Ontario announced that parts of Ontario are rolling back to a modified Stage 2 set of restrictions. As of midnight tonight (October 10, 2020), Ottawa, Toronto and - [Must Condos Close their Gyms Under Ontario's Modified Stage 2?](https://stackcondolaw.com/must-condos-close-their-gyms-under-ontarios-modified-stage-2/) - It is best to consult our COVID tab at the top of our blog to see the up-to-date restrictions applicable to your region and municipality. *** Last Friday, Ontario announced that it was moving Toronto, Ottawa and Peel Health Units back into a modified Stage 2 set of restrictions. This was effective as of 12:01 - [Condo Pools (and Libraries) Under Ontario's Modified Stage 2](https://stackcondolaw.com/condo-pools-and-libraries-under-ontarios-modified-stage-2/) - Last Friday, Ontario rolled Toronto, Ottawa and Peel back to a modified Stage 2 set of restrictions. We blogged about this already. Earlier this week, we blogged on the impact this had on condo gyms and fitness rooms. We promised you a follow up blog post on condo pools. Here it is. Keep in mind - [Possible Protection for Condos Who Make Best Efforts to Follow COVID Regulations](https://stackcondolaw.com/possible-protection-for-condos-who-make-best-efforts-to-follow-covid-regulations/) - Ontario has announced today that it will introduce a piece of legislation which, if passed, will provide protection for workers, volunteers and organizations that make an honest effort to follow public health guidelines and laws relating to exposure to COVID-19. Who will be protected If passed, the Supporting Ontario's Recovery Act, 2020 will provide targeted - [Webinar: Excel at Virtual AGMs (and Covid Update) (Nov. 4 @ 5pm)](https://stackcondolaw.com/next-webinar-excel-at-virtual-agms-and-covid-update-nov-4-5pm/) - Date: Nov. 4, 2020 Topics: Ontario's new Colour-Coded COVID Response Framework Virtual AGMs and E-Voting: What notices are required? Do proxies continue to have a use? How to calculate quorum? How to bring and second motions? How to take questions and answers? How to best present your reports? How to deal with owner-occupied positions? Speakers - [The Battle of Otterlo - A Remembrance Post](https://stackcondolaw.com/the-battle-of-otterlo-remembrance-post/) - Every November, we pause to remember those who paid the ultimate price for our collective freedom. This year, as we commemorate the 75th anniversary of the end of WWII, let us remember the little-known Canadian battle of Otterlo. Liberation of Holland Once the battle of Normandy was won on August 25, 1944, the First Canadian - [Condo Gyms & Pools Under Ontario's New COVID-19 Colour-Coded Restrictions](https://stackcondolaw.com/condo-gyms-pools-under-ontarios-new-covid-19-colour-coded-restrictions/) - It is best to consult our COVID tab at the top of our blog to see the up-to-date restrictions applicable to your region and municipality. *** In our last post, we discussed Ontario's new colour-coded COVID response framework. In this post, we cover how these new colour-coded restrictions impact condo gyms and pools in Ontario. - [Condos Under Ontario's New Colour-Coded COVID Framework](https://stackcondolaw.com/condos-under-ontarios-new-colour-coded-covid-framework/) - On November 3, 2020, Ontario revamped its COVID-19 response framework, moving from a "Stage" categorization to a new colour-coded system. Under this new framework, all of Ontario's 34 Public Health Units are being placed in one of five colour categories, each with increasing COVID response restrictions. The 5 colour levels range from green (at the - [Confused by Colour Zones and Restrictions? Try our COVID tool](https://stackcondolaw.com/confused-by-colour-zones-and-restrictions-try-our-covid-tool/) - Are you confused by Ontario's Colour Zones and applicable restrictions? Look no further. We have decoded these for you and prepared a COVID-Sheet for each colour zones and, in some cases, for specific municipalities. Our COVID-Sheets will help you identify your region-specific restrictions applicable to: AGMs Masks Gyms Pools and more Click your colour zone (below) - [Holiday Webinar: A Year in Review and Condo Jeopardy Competition! (Dec. 2 at 5pm)](https://stackcondolaw.com/holiday-webinar-a-year-in-review-and-condo-jeopardy-competition-dec-2-at-5pm/) - Our Holiday Webinar is around the corner! Join us for our 2020 year in review and our Condo Jeopardy Competition - our tribute to Alex Trebek. This one is going to be informative and fun! Here's the registration link, but read on to learn more about the exciting topics and line up. Date: December 2, - [Toronto & Peel Moved to Lockdown Restrictions](https://stackcondolaw.com/how-toronto-peels-lockdown-impacts-condos/) - On November 20, 2020, Ontario announced that it was moving Toronto and Peel into "lockdown" restrictions under its COVID-19 Response framework. The province announced that these necessary measures were being taken to limit community transmission of COVID-19 in order to keep schools open, safeguard health system capacity, and protect the province's most vulnerable populations. Additional - [What "Lockdown" Means for Peel and Toronto Condos](https://stackcondolaw.com/what-lockdown-means-for-peel-and-toronto-condos/) - As announced last Friday, Peel and Toronto Health Regions were placed under “Lockdown” as of midnight on November 23, 2020. In this blog post, we discuss what this regional lockdown mean for condos in these regions. Summary The lockdown applies to Toronto and Peel Health Regions as of November 23; Masks are required in indoor - [Condo Knowledge Opportunities in December](https://stackcondolaw.com/condo-knowledge-opportunities-in-december/) - Feb. 4: Sorry Folks! Don't know what happened but CondoAdviser appears to have sent out a notice about ... last December's webinar. You can just ignore this post and wait for our next more timely post. Apologies for that. And just like that: December is around the corner! B ring this year to - [A Condo Christmas Carol](https://stackcondolaw.com/a-condo-christmas-carol/) - As we embark on the final countdown towards the holidays, we thought we'd revisit another Christmas classic and adapt it to the condo world. Here’s our last post of the year, our Condo Christmas Story. The events and characters portrayed in this blog post are a work of fiction. Any resemblance to events or to - [Auditor General's Scathing Report on Condo Industry in Ontario](https://stackcondolaw.com/auditor-generals-scathing-report-on-condo-oversight-in-ontario/) - As part of its annual report, the Auditor General of Ontario issued, yesterday, a scathing report on Ontario's condo industry and specifically on the lack of industry oversight. The “Value for Money Audit“ on the condo industry is nearly 80 pages long and is worth a careful read. In this blog we provide a summary - [Big Changes to "Slip and Fall" Claims Against Condos](https://stackcondolaw.com/big-changes-to-slip-and-fall-claims-against-condos/) - Ontario just passed a bill amending the Occupiers' Liability Act, which will bring drastic changes to how claims for "slip and falls" can be brought against condo corporations (and other occupiers). Written notice of the claim Under the modified Occupiers' Liability Act, no one will be able to bring a claim for damages resulting from a personal - [Provincewide COVID Shutdown Will Impact Condos](https://stackcondolaw.com/provincewide-covid-shutdown-and-impact-on-condos/) - After last week's Condo Christmas Carol focused on Scrooge, we may now come across as the Grinch who stole Christmas, with today's announcement of a provincewide lockdown. What was announced The province has announced today a provincewide lockdown to minimize transmission of COVID-19 and to prevent hospitals from becoming overwhelmed. The provincewide shut down will - [Webinar: Second Declaration of Emergency and Vaccination in Condos (Wed. Jan. 13 at 5pm)](https://stackcondolaw.com/next-webinar-can-condos-require-proof-of-vaccination-wed-jan-13-at-5pm/) - Topics: Second Declaration of Emergency in Ontario New and old measures for condos What can be opened what must be closed COVID Reporting obligations Toronto Letter of direction Ottawa Letter of direction Vaccination in condos Can condos request proof of vaccination? Can owners who have been vaccinated demand access to amenities? Should condos get involved - [Should Electronic Voting and Virtual AGMs Stay? Ontario Wants Your Opinion!](https://stackcondolaw.com/should-electronic-voting-and-virtual-agms-stay-ontario-wants-your-opinion/) - The Ministry of Government and Consumer Services seeks your opinion on whether to make permanent the changes Ontario has implemented to enable digital and virtual processes under the Condo Act. Temporary changes implemented last year Last May, in response to the COVID pandemic, Ontario passed the COVID-19 Response and Reforms to Modernize Ontario Act, 2020. - [Ontario Declares Second State of Emergency: What it Means for Condos](https://stackcondolaw.com/ontario-declares-second-state-of-emergency/) - Here we go again! In response to a doubling in COVID-19 cases over the past two weeks, and the resulting threat to the province's hospital system, the Ontario government has declared a second provincial emergency under s 7.0.1 (1) of the Emergency Management and Civil Protection Act. [The legislative process being followed today is similar - [Can Condos Require Proof of Vaccination?](https://stackcondolaw.com/can-condos-require-proof-of-vaccination/) - During our last webinar, we discussed vaccination in condos. Specifically, we tackled the following 3 questions: Can condos require proof of vaccination? Can vaccinated owners demand access to amenities? Should condos get involved in immunization clinics? In light of the very high interest triggered by these questions, we thought we'd tackle these in a series - [Webinar: Privacy Issues surrounding Virtual Meetings and Electronic Voting (Wed, Feb 3 @ 5pm)](https://stackcondolaw.com/webinar-privacy-issues-surrounding-virtual-meetings-and-electronic-voting-wed-feb-3-5pm/) - Ontario is looking at permanently enabling virtual meetings, e-voting and email notification to owners. Most of you have already experienced these but have you ever turned your mind to any privacy issues raised by this new way of doing business? We've been swamped with questions. Our panelists tackled the following topics: Privacy Can condo corporations - [How Much Time Do Condos Have to Lien a Chargeback to a Unit?](https://stackcondolaw.com/how-much-time-do-condos-have-to-lien-a-chargeback-to-a-unit/) - In a recent court case, a condo owner challenged a lien registered against his unit, alleging that the corporation was late in registering it and that it ought to have mediated the chargeback prior to registering the lien. In this post, we review this decision and the important lessons it brings. Facts of the case - [Ontario Condos Moved Back to Colour Coded Restrictions](https://stackcondolaw.com/ontario-condos-moved-back-to-colour-coded-restrictions/) - Ontario is moving 27 of its Public Health regions back to the colour-coded COVID response framework. These regions (see chart below) will no longer be subject to the Stay-at-Home order as of Tuesday, February 16, 2020. Each will be placed under the colour level of restrictions applicable to them. The other 4 health regions (Toronto, - [Mandatory COVID Screening at Condo Entrances](https://stackcondolaw.com/mandatory-covid-screening-at-condo-entrances/) - Screening obligation Amongst new obligations being imposed by the province under the Reopening Ontario Act is the obligation to screen individuals for COVID-19 prior to entering the premises. This is applicable in all colour zones. There are two levels of screening obligations. One is more passive and the other is more active. Active obligation to screen - [Webinar: Deep Dive on Condo By-Laws (March 3 @ 5pm)](https://stackcondolaw.com/webinar-deep-dive-on-condo-by-laws-march-3-5pm/) - In this episode, your favourite #CondoGeeks are taking a Deep Dive on Condo By-Laws. Topic: Deep Dive on Condo By-Laws What by-laws do? What by-laws don't do? Purpose and workings of most common by-laws: Operating by-laws Standard Unit by-laws Insurance deductible by-laws Borrowing by-laws Easement and leases of common elements Electronic by-laws What goes in - [Ex-Owners Are Not Entitled to Access Records of the Condo Corporation](https://stackcondolaw.com/ex-owners-are-not-entitled-to-access-records-of-the-condo-corporation/) - A recently released decision from the Condominium Authority Tribunal (CAT) shed some light on an interesting question: can someone who ceases to be a condo owner still be entitled to access the records of the corporation or is this a privilege only available to current owners? The case In Baljak v HCC 371, an owner commenced - [Condo Learning Opportunities in March](https://stackcondolaw.com/condo-learning-opportunities-in-march/) - March (!) is upon us! With it, tons of condo learning opportunities. We're listing here a couple of them. All great opportunities to connect, network and learn... Deep Dive on Condo By-laws (March 3) This month, CondoAdviser is taking a deep dive on condo by-laws: What they do; what they don't do; how they work - [A Basketball Hoop in a Condo Driveway Not in Breach of the Rules](https://stackcondolaw.com/a-basketball-hoop-in-a-condo-driveway-not-in-breach-of-the-rules/) - An interesting decision recently came out of the Condo Authority Tribunal (CAT) on a dispute over a basketball hoop installed in a driveway. This case sheds some light on how the CAT is applying its new jurisdiction over parking disputes and is a helpful reminder that not all breach necessarily require the same response. Facts - [Court Orders Masks in Condos - with Exceptions](https://stackcondolaw.com/court-orders-masks-in-condos-with-exceptions/) - In what is likely the first court case dealing with the requirement to wear masks in public spaces, the Superior Court of Justice issued a partial but permanent injunction requiring 2 condo owners to wear a mask while on interior common elements. The court carved out an exception for the limited purpose of entering and - [The CAT's New Jurisdiction over Parking](https://stackcondolaw.com/the-cats-new-jurisdiction-over-parking/) - A recent decision out of the CAT has helped clarify what types of matters corporations and owners can bring to this tribunal. As a brief reminder, the CAT can now adjudicate cases dealing with pets, parking, vehicles, storage, and chargebacks related to disputes over these items. We blogged about the newly expanded jurisdiction of the - [Webinar: Deep Dive on Condo Insurance (April 7 @5pm)](https://stackcondolaw.com/webinar-deep-dive-on-condo-insurance-april-7-5pm/) - The single most complicated issue in condo land: Condo Insurance. Survey If you have not done so already, consider taking our survey on condo insurance. This will help us get an accurate picture of insurance challenges in CondoLand. Probably best to have this answered by the director with most knowledge on your insurance file. Have - [Condos Forced to Pull the "Emergency Brakes": Ontario's Third Shutdown](https://stackcondolaw.com/ontarios-third-shutdown-condos-forced-to-pull-the-emergency-brakes/) - Sadly, but not surprisingly, Ontario has declared its third shutdown in about a year. As of Saturday, all Public Health Regions will be put under (modified) Shutdown Restrictions. This is expected to last for at least 4 weeks. Shutdown Restrictions are the highest level of restrictions and are similar to what was in place under - [Ontario Extends Virtual Meetings and Electronic Voting Until December 31](https://stackcondolaw.com/ontario-extends-virtual-meetings-and-electronic-voting/) - Ontario has extended the various exceptions in place to facilitate the conduct of condo business during the pandemic through virtual and electronic means. The following will continue to apply and be in effect until December 31, 2021. Virtual AGMs Condo corporations will be able to call and hold their meetings of owners (including AGMs) by - [How the Stay at Home Order Impacts Condos](https://stackcondolaw.com/how-the-stay-at-home-order-impacts-condos/) - As expected, Ontario has declared a third provincial emergency. Effective Thursday, April 8, 2021 at 12:01 a.m., the government is issuing a province-wide Stay-at-Home order requiring everyone to remain at home except for essential purposes, such as going to the grocery store or pharmacy, accessing health care services (including getting vaccinated), for outdoor exercise, or - [Can Condos Prohibit Displaying of the Canadian Flag?](https://stackcondolaw.com/can-condos-prohibits-canadian-flags/) - With Canada Day just around the corner, Canadian flags will start popping up everywhere, including in Condo Land. Inevitably, this will lead to a yearly question: can condos prohibit owners from displaying their maple leaf pride? We tackle this question in this post. May the land over which this new Flag flies remain united in - [What Ontario's Latest Public Health Measures Mean for Condos](https://stackcondolaw.com/ontarios-latest-public-health-measures/) - On April 16, 2021, Ontario issued its most stringent set of public health measures in an attempt to curb the spread of COVID-19. The new restrictions will have relatively little impact on condos as most Shutdown restrictions ordered on April 3 continue to apply with (some but) little condo-relevant changes. Stay at home order continues - [Does the "Stay at Home Order" Require Condo Owners to Stay in their Unit?](https://stackcondolaw.com/does-the-stay-at-home-order-require-condo-owners-to-stay-in-their-unit/) - Over the last couple of weeks, Ontario has implemented increasingly stringent public health measures in an attempt to curb the spread of COVID-19: On April 3, the province was put under Shutdown; On April 8, it issued a "Stay at Home Order"; and, On April 16, Ontario adopted additional measures, including one authorizing police forces - [Can you Enforce a Policy the same way as a Rule?](https://stackcondolaw.com/can-you-enforce-a-policy-the-same-way-as-a-rule/) - The CAT recently released a very interesting case with a lot of useful information packed into it, including some guidance on when a board policy really ought to have been a rule. Let's dive right in! Facts of this case The owner in this matter lived in her unit for ten years. She had several - [Webinar: Deep Dive on Condo Rules](https://stackcondolaw.com/webinar-deep-dive-on-condo-rules-may-5-at-5pm/) - Condo Rules are likely the most common source of friction and dispute between condo corporations, owners and neighbours. People love to hate them but are happy to have them when a neighbour doesn't play by the... rules. A necessary evil that facilitate common and community living. Take a Deep Dive on condo rules! Topics What - [Stay at Home Order Extended until June 2](https://stackcondolaw.com/stay-at-home-order-extended-until-june-2/) - By now you have all heard that Ontario is extending the Stay at Home Order until (at least) June 2, 2021. In addition to the Stay at Home Order, the province is maintaining the April 3rd public health measures (the Emergency Brakes). Summary of measures Here is a summary of what today's announcement means for - [Ontario's New COVID Response Framework](https://stackcondolaw.com/ontarios-new-covid-response-framework/) - Updated "Folks" Ontario has announced today its new COVID Response Roadmap to reopening Ontario. We have gone from last year's "Stage approach" to last October's "Colour coded Response Framework" to, now, a brand new "Step approach". Specifically, reopening Ontario will be done in 3 steps. We will enter Step 1 as early as June 14. - [Webinar: Ontario's 3-Step Reopening of CondoLand this Summer (June 2, at 5pm)](https://stackcondolaw.com/webinar-ontarios-3-step-reopening-of-condoland-this-summer-june-2-at-5pm/) - Condo life this summer will be different from prior years. As part of our last episode of the season, we will prepare you for the summer ahead, including how to navigate Ontario's new 3-step reopening roadmap. Check the topics and speakers below! Topics New 3-step roadmap to reopening Ontario Overview of the new COVID response - [Can the CAT evict your dog?](https://stackcondolaw.com/can-the-cat-evict-your-dog/) - As many of our readers know, on October 1, 2020 the Condominium Authority Tribunal (also known as the CAT), expanded its jurisdiction beyond records requests. The CAT now handles disputes relating to pets, parking, storage and lockers (and chargebacks related to these). This is a relatively new change, and, as such, many of us were - [Reopening Ontario: What Does Step-1 Mean for Condos?](https://stackcondolaw.com/new-reopening-regulations-are-out-what-does-step-1-mean-for-condos/) - The long awaited regulations on the new 3-step roadmap to reopening Ontario have been published today! We are finally able to put some meat on the various press releases issued since May 20. Summary As of June 11, Ontario will move its 34 Public Health Units under Step 1 (of a 3-step framework leading to - [Ontario Condos Moving onto "Step 2"](https://stackcondolaw.com/ontario-condos-moving-onto-step-2/) - UPDATED: On January 3, 2022, Ontario announced that it would move back to a modified Step 2. We've blogged about this here. We will update this page once the regulations are issued but below is our summary of Step 2 as it existed last June (2021). Do keep in mind the following from today's announcement: - [EV Charging stations: Condos must be ready to accommodate all-electric vehicles by 2035](https://stackcondolaw.com/ev-charging-stations-condos-must-be-ready-to-accommodate-all-electric-vehicles-by-2035/) - The federal Minister of transport announced yesterday that Canada is setting a mandatory target for all new vehicles to be zero-emission by 2035. This is accelerating Canada's previous goal, which was set for 2040. To meet this objective, Canada had previously set the following targets: 10% of all new vehicles to be zero emission vehicles - [Pets, Parking and Storage? The CAT's jurisdiction may go further than you think!](https://stackcondolaw.com/pets-parking-and-storage-the-cats-jurisdiction-may-go-further-than-you-think/) - As we all know by now, in October 2020 the Condominium Authority Tribunal (CAT) increased its jurisdiction to cover disputes related to pets, parking and storage on top its usual jurisdiction over records requests. Since then, it has been interesting to see just how far the scope of this new jurisdiction goes. A recent case - [What Ontario's Step 3 means for condos](https://stackcondolaw.com/ontario-to-allow-gyms-to-open-as-early-as-july-16-what-step-3-means-to-condos/) - Updated to reflect the new provincial measures announced on Dec. 17, 2021. Ontario has been under Step 3 of its Reopening Roadmap since July 16, 2021. In this page, we summarize what Stage 3 looks like for condos in Ontario. You should also consult with your Public Health Unit as there is an increasing number - [Are your condo fees too high? (2021 survey)](https://stackcondolaw.com/are-your-condo-fees-too-high-2021-survey/) - In 2019, we launched our most ambitious survey on "condo fees" in Ontario. Back by popular demand, we are relaunching a better and improved survey to update our data. What drives condo fees up or down? How does the age or size of the corporation affect them? How do they compare from city to city? - [How many cases can the same owner bring to the Condo Tribunal?](https://stackcondolaw.com/how-many-cases-can-the-same-owner-bring-to-the-condo-tribunal/) - We've all heard of that one owner who has it against the corporation and who brings repeated and multiple court cases, on what may feel like a vendetta. Is there no limit to what cases (and how many cases) the same owner can bring against their condo corporation? The Condo Authority Tribunal (the "CAT") recently - [How detailed must your board meeting minutes be?](https://stackcondolaw.com/how-detailed-must-your-board-meeting-minutes-be/) - There appears to be an increasing number of disputes before the Condo Tribunal over the adequacy of board minutes. A recurring question focuses on the level of detail needed for minutes to meet the requirement under the Act. In this blog post we discuss a recent decision that sheds some light (again) on this issue. - [Rules on federal elections in condos during a pandemic](https://stackcondolaw.com/rules-on-federal-elections-in-condos-during-a-pandemic/) - And they're off to the races !! The prime minister has asked the Governor General to dissolve parliament, setting the stage for Canada's next general election. Blue, green, orange and red electoral signs (we've listed them alphabetically) will soon be popping everywhere and candidates will start canvassing. Naturally, things will be very different this time - [Webinar: Vaccination in condos (Sept. 1 at 5pm)](https://stackcondolaw.com/webinars-are-back-catch-up-with-the-condo-adviser-crew-on-wed-sept-1-at-5pm/) - This webinar was first broadcasted on September 1, 2021. Topics COVID update (sorry about that... but lots has changed since June) Should we reopen amenities? Are masks still required despite many municipal mask by-law having expired? What comes after step 3? What and when is the Roadmap Exist step? Vaccination in condos Ontario's new vaccine passport - [Using a "Sledge Hammer" to Secure Compliance: A Risky Proposition](https://stackcondolaw.com/using-a-sledge-hammer-to-secure-compliance-a-risky-proposition/) - What tools does a Corporation have when an owner refuses to comply with the Corporation's governing documents? Our avid readers will know that securing compliance can be tricky if not done in a strategic, reasonable and forward-thinking manner. A recent case out of Toronto is a stark reminder of what condos should (and should not - [Mandatory vaccination policies in condos](https://stackcondolaw.com/mandatory-vaccination-policies-in-condos/) - When we first blogged on vaccination in condos in January, it sounded straight out of science fiction! But, as was the case with other COVID-related restrictions, the situation and social views have evolved. And so here we are, wondering whether Vaccination Policies are (or will shortly be) required in condos. Ontario requiring vaccination policies On - [Ontario condos may have to require proof of vaccination](https://stackcondolaw.com/ontario-condos-may-have-to-require-proof-of-vaccination/) - Ontario announced today that it is imposing a so-called vaccination passport and will require proof of vaccination in certain settings. At the time of writing these lines, all we have to go on is Ontario's press release and the live press conference. Details of how this new requirement may affect Condo Land will become clearer - [Regulation on proof of vaccination is out: what it means for condos?](https://stackcondolaw.com/regulation-on-proof-of-vaccination-is-out-what-it-means-for-condos/) - On September 1, 2021, the province announced that it would require Ontarians to show proof of vaccination in certain public settings. We blogged about this already. This post summarizes the obligations of condo corporations with respect to vaccination for both occupants and employees/contractors. Overview Condo Occupants The applicable regulation only requires "patrons" to show proof - [Proof of vaccination in condos vs. Ontario Human Rights](https://stackcondolaw.com/proof-of-vaccination-in-condos-vs-human-rights-in-ontario/) - As our readers know, as of today, the province requires Ontarians to provide proof of vaccination along with photo ID to access certain public settings and facilities. We've blogged about this already and what it means in condos. In this blog post, we discuss the statement issued by the Ontario Human Rights Commission on proof - [Condo Tribunal expands its jurisdiction to include disputes over nuisances](https://stackcondolaw.com/condo-tribunal-expands-its-jurisdiction-to-include-disputes-over-nuisances/) - The long awaited changes to section 117 of the Condo Act (dealing with dangerous activities and nuisance) will finally be enacted on January 1, 2022! On that same date, the Condo Authority Tribunal will also expand its jurisdiction to deal with complaints related to various nuisances. In this post, we explore what this means for - [EV Charging Stations (Webinar)](https://stackcondolaw.com/webinar-installing-ev-charging-stations-wed-oct-6-at-5-pm/) - Plug into this webinar to learn everything you need to know about EV charging stations! From the initial owner consultation, to securing grant money to installing the infrastructure. See below the list of topics, the speakers and our list of resources. This webinar was broadcasted on October 6, 2021. Topics EV charging stations Intro to - [Ontario Extends Virtual Meetings and Electronic Voting Until September 30, 2022](https://stackcondolaw.com/ontario-extends-virtual-meetings-and-electronic-voting-until-september-30-2022/) - As our readers know, Ontario condos are allowed to hold virtual AGMs and to secure voting through electronic means pursuant to an exception in place under the Condo Act. These exceptions were initially implemented in response to the pandemic and were set to expire on September 30, 2022. Ontario has announced today that they made - [Condo owners cannot dictate when to change the windows](https://stackcondolaw.com/condo-owners-cannot-dictate-when-to-change-the-windows/) - In a recent decision, the Superior Court shed some light on the extent to which a condo owner can dictate when and how the corporation is to maintain, repair and replace common elements. Specifically, this owner was unsatisfied with the perceived delay in changing some of his unit windows and brought the corporation to court, - [Condo Tribunal evicts emotional support dog](https://stackcondolaw.com/condo-tribunal-evicts-emotional-service-dog/) - Ontario's Condo Authority Tribunal (CAT) issued another decision leading to the eviction of a pet who was allowed to urinate and defecate on a balcony (with waste dripping/falling on the patio below). Of interest, the dog in question was claimed to be an emotional support dog and the owner appeared to seek an accommodation based - [Webinar: Deep Dive on Reserve Fund Studies (Nov. 3 @ 5pm)](https://stackcondolaw.com/webinar-deep-dive-on-reserve-fund-studies-nov-3-5pm/) - Condo corporations must establish a reserve fund to pay for major repairs and replacement of the corporation's common elements and assets. To ensure sufficient funding, condo corporations must conduct a reserve fund every three years to determine how much money the corporation will need, over the next 30 years, to maintain/replace these assets. This budgeted estimate - [Has last week's COVID announcement changed anything for Ontario condos?](https://stackcondolaw.com/has-last-weeks-covid-announcement-changed-anything-for-ontario-condos/) - Last week, Ontario announced how it plans to safely reopen the province over the next few months. Many readers have since asked us whether this new plan impacted condos. The short answer is that last week's announcement has very little immediate impact on condos. However, if the plan is followed, condos may have to review - [Tommy Prince, First Nations Forgotten Hero: A Remembrance Post](https://stackcondolaw.com/tommy-prince-first-nations-forgotten-hero-a-remembrance-post/) - Every November we pause to remember those who served, in war and peace, and those who paid the ultimate price for our collective freedoms. This year, as a minuscule but genuinely heartfelt gesture of reconciliation, our Remembrance post honours Tommy Prince, one of Canada's most decorated First Nations soldiers. This proud Anishinaabe served in World War - [Can condo tenants be brought to court if they fail to abide by condo rules (or must they go to the Landlord/Tenant Board)?](https://stackcondolaw.com/can-condo-tenants-be-brought-to-court-if-they-fail-to-abide-by-condo-rules-or-must-they-go-to-the-landlord-tenant-board/) - The Landlord and Tenant Board (the LTB) was recently asked to rule on the age-old question of who, between the LTB and the courts, has jurisdiction over a dispute involving a condo tenant. This question regularly surfaces when condo tenants breach condo rules. These situations bring to light an impossible triangle between : the owner - [Holiday Webinar: Condo Jeopardy! (Dec. 1 at 5pm)](https://stackcondolaw.com/holiday-webinar-a-year-in-review-and-condo-jeopardy-dec-1-at-5pm/) - Our Holiday Webinar is around the corner! Join us for our 2021 year in review and the 2nd Annual Condo Jeopardy Competition. This one is going to be informative and fun! Here's the registration link, but read on to learn more about the exciting topics and line up. When: Wednesday, December 1, 2021, at 5pm. - [Condo Jeopardy - Lawyers Edition! (Thurs. Dec. 16 @ 5pm)](https://stackcondolaw.com/condo-jeopardy-lawyers-edition-thurs-dec-16-5pm/) - Following last week's very popular Condo Jeopardy episode (where condo managers brilliantly showed off their knowledge), some of you wondered how your favourite condo lawyers would have fared in a similar competition. Lawyers are not known to turn down challenges... We have managed (admittedly without difficulties) to convinced 6 of the best condo lawyers from - ['Twas the Night Before Christmas (in CondoLand)](https://stackcondolaw.com/twas-the-night-before-christmas-in-condoland/) - [Editor's note : Our traditional Christmas post was drafted just a short while ago, when we all hoped for a more inclusive and festive holiday period. As we've seen far too often over the last 20 months, however, the situation is fast changing on us, with more measures being required to slow the spread of the - [Can owners park in the visitors parking? (And other parking lessons from the CAT)](https://stackcondolaw.com/can-owners-park-in-the-visitors-parking-and-other-parking-lessons-from-the-cat/) - [For those receiving our updates by email, please note that we are transitioning to a new blog management provider. You will get an email inviting you to confirm your subscription with us. It’ll only take one click. Thanks for following us!] As our readers certainly know, the Condo Authority Tribunal acquired jurisdiction to rule on - [New condo measures in response to the Omicron variant](https://stackcondolaw.com/new-condo-measures-in-response-to-the-omicron-variant/) - On December 17, Ontario announced a series of new measures in response to the rapidly-spreading and highly transmissible Omicron variant. These measures will have an impact on condos across Ontario. In this post, we summarize the most important new measures. These measures will be in effect starting Sunday December 19, 2021. Reduced capacity limits For - [Ontario announces new COVID measures affecting condos](https://stackcondolaw.com/ontario-announces-new-covid-measures-affecting-condos/) - Update: Check out our exhaustive summary of the new Modified Step-2 measures. ++++++++++ Ontario announced today new COVID-related measures affecting condos across the province. At this point, we only have today's press release to go on but below are some of the measures affecting condos: Ontario returning to a modified Step 2 of Ontario's roadmap - [What does 'Modified' Step-2 mean for Condo Land?](https://stackcondolaw.com/condo-land-returns-to-modified-step-2/) - On January 3, 2022 and in response to the spread of the Omicron variant, Ontario announced that it would move back to a Modified Step 2. Within hours, Ontario issued new regulation amending its already existing Step 2 regulation. On this page we provide a summary of the new measures as they apply to condos. - [Webinar: Must condos close their fitness amenities under Step-2 (Wed. Jan 12 @ 5pm)](https://stackcondolaw.com/webinar-new-step-2-measures-for-condos-wed-jan-12-5pm/) - There seems to be a lot of confusion (or perhaps a little willful blindness) around what Modified Step 2 means for condos. Your Condo Adviser team tackled this thorny topic. Topics Step 2 measures Gathering limits in condos Masks and face covers Screening requirements Short-term rentals and guest suites Elevator etiquette Indoor recreational amenities Indoor - [The CAT evicts its first condo cat (and imposes costs)](https://stackcondolaw.com/the-cat-evicts-its-first-condo-cat-and-imposes-costs/) - This blog post could have been titled "The first CAT eviction" but such a title may have lead to some confusion. Still, in one of its first decision of 2022, the Condo Authority Tribunal (CAT) has evicted its first feline pet (so far, all other pet cases involved dogs). There were a couple of issues - [Easing of some health measures affecting Ontario CondoLand](https://stackcondolaw.com/easing-of-some-health-measures-affecting-ontario-condoland/) - On January 20, 2022, Ontario announced the easing of some public health measures affecting CondoLand over the next 3 months. At the time of publication, we only had access to the press conference and press release but expect to know more once any new regulation is published by the province. In the meantime, below is - [How to increase the number of directors on your condo board?](https://stackcondolaw.com/how-to-increase-the-number-of-directors-on-your-condo-board/) - The Condo Act sets out the minimal number of directors that are required to sit on a condo board. It also provides for the mechanism to increase that number. In this blog post we explore this question. Don't miss next week's webinar: Deep Dive on Condo Boards. More info and registration link. Minimum number of - [Who pays to clean up oil spills in condo garages?](https://stackcondolaw.com/who-pays-to-clean-up-oil-spills-in-condo-garages/) - A common stories goes like this: a car leaks oil in the condo garage (and drags it through the driving lanes/ramps). As the title of this post suggests it, the resulting question is often: who gets to pay for the clean up? A recent case before the Condo Authority Tribunal sheds some light on this. - [Webinar: Deep Dive on Condo Boards of Directors](https://stackcondolaw.com/webinar-deep-dive-on-condo-boards-of-directors-wed-feb-2-5pm/) - There are some 45,000 condo directors in Ontario. Overworked and under thanked, these men and women are essential to the governance and functioning of some 12,000 condos. But who are these people and what is expected of them? In this webinar we cover everything you never dared to ask about condo directors: How they work; - [Ontario moving back to Step 3 on Monday: What that means for CondoLand](https://stackcondolaw.com/ontario-moves-to-step-3-on-monday-what-that-means-for-condoland/) - [We are still updating this page to reflect measures to come in effect on February 17, 2022. Please check again later. For now, you may want to consult a summary of the changes here.] On January 20, 2022, Ontario announced the easing of some public health measures over the next 3 months, starting on January - [Ontario easing some health measures on Feb.17](https://stackcondolaw.com/ontario-easing-some-health-measures-on-feb-17-what-this-means-for-condo-land/) - On February 14, Ontario announced that it was further easing some of the public health measures under Step 3. These new modified measures will come into effect on February 17. Below is a summary of the most important condo-relevant changes. For a complete list of measures applicable under the upcoming modified Step-3, check our Covid - [New measures applicable to Modified Step-3](https://stackcondolaw.com/new-measures-applicable-to-modified-step-3/) - On February 14, 2022, Ontario announced the easing of some public health measures currently in place under Step-3. These new modified measures are coming into effect on February 17, 2022. At the request of many of you, we summarize here all of the condo-relevant measures. Keep in mind that condos can adopt more prudent measures. - [Webinar: Emergency Preparedness](https://stackcondolaw.com/webinar-emergency-preparedness-wedn-march-2-5pm/) - Condo Land has had its fair share of unexpected crises recently: 3 sets of tornadoes in Ontario since 2018; 100-year floods ... twice in the last 2 years; Increase in building fires; A global pandemic; The Ottawa 23-day siege... How can condos prepare for the unexpected? Tune in next week to hear from our panel - [Who's responsible for slip & falls on condo ice?](https://stackcondolaw.com/whos-responsible-for-slip-fall-on-condo-ice/) - A recent slip and fall case sheds some light on the risks and pitfalls associated with improperly cleared snow in condo settings. Ultimately, the question in this case turned on the delay in applying road salt in the parking lot. Time to review your snow removal contracts. Slip and falls basics Before we dive in this - [Ontario moves out of Step-3 measures on March 1st. What comes after?](https://stackcondolaw.com/ontario-moves-out-of-step-3-measures-on-march-1st-what-comes-after/) - On March 1st, Ontario will move all of its 34 Public Health Units out of Step-3 measures and onto the Roadmap Exit Step. In this post, we explore what this means for Condo Land and what measures must be maintained after tomorrow. Overview The Roadmap Exit Step lifts most public health measures such as gathering - [Can the City Assist Condos in Short-Term Rental Bans?](https://stackcondolaw.com/can-the-city-assist-condos-in-short-term-rental-bans/) - Some major municipalities in Ontario, including Ottawa and Toronto are (or already have) implemented municipal By-laws governing short-term rentals in the cities. These by-laws do a number of things: They define what constitutes a "short-term rental" (less than 30 consecutive nights in Ottawa and less than 28 consecutive nights in Toronto); They mandate that short-term - [Court evicts condo tenants and their dangerous dogs](https://stackcondolaw.com/court-evicts-condo-tenants-and-their-dangerous-dogs/) - In a recent case, the Superior Court of Justice evicted condo tenants and their dangerous dogs. An interesting aspect of this case is that it was decided by the Superior Court of Justice and not: the Landlord and Tenant Board - despite involving tenants, or the Condo Authority Tribunal - despite involving a dispute over - [Webinar: Deep Dive on Condo Liens, Chargebacks and Legal fees](https://stackcondolaw.com/webinar-deep-dive-on-condo-liens-and-chargebacks-wed-april-6-5pm/) - Condo corporations are not-for-profit organizations who rely on owners paying their "condo fees" on time. They also need to be able to charge back to owners expenses that specific owners impose on the Corporation. If owners fail to make these payments, the rest of the innocent owners suffer. Having said that, not all chargebacks are - [Can a condo candidate demand a neutral chairperson?](https://stackcondolaw.com/can-a-condo-candidate-demand-a-neutral-chairperson/) - In a recent case, the court was asked to rule on the fairness of an upcoming condo election. The takeaway is that courts are not likely to entertain theoretical potential issues but prefer to deal with actual breaches (if any), after the meeting. Facts of this case As is often the case, the parties involved - [Webinar: Deep Dive on Human Rights and Accommodations in Condos](https://stackcondolaw.com/webinar-deep-dive-on-human-rights-and-accommodations-in-condos-wed-may-4-5pm/) - Condo owners and residents are required to comply with their condo's governing documents, which sometimes restricts some of their rights. In fact, condo corporations have a duty to take reasonable steps to ensure owners and residents do comply. But what happens when someone cannot comply with these documents as a result of a disability or - [Can owners park oversize trucks in condo parkings?](https://stackcondolaw.com/can-owners-park-oversize-trucks-in-condo-parkings/) - A Toronto condo corporation was in dispute with the tenant of a parking unit over the size of their truck. The matter was brought to the Condo Tribunal (the CAT), who had to rule on whether the tenant's "oversize truck" was in breach of the condo's governing documents. The CAT ruled that it did but - [Can condo owners ask for *draft* AGM minutes?](https://stackcondolaw.com/can-owners-ask-for-draft-agm-minutes/) - As most of our readers know, AGM minutes are submitted to owners for approval at the following AGM. A question that often comes up is whether owners can access draft minutes before then, for instance, in the context of a records request. This request may be accompanied by a criticism over how long it takes - [Webinar: Condo Low Law Palooza with lawyer friends (June 1 at 5pm)](https://stackcondolaw.com/webinar-condo-legal-palooza-with-lawyer-friends-june-1-at-5pm/) - For our final episode of the season (!), we've invited some of our condo lawyer friends from across the province to join us in (what we hope to be the first annual) Condo Low Law Palooza! The best legal minds in the industry will present their favourite recent legal case. Check out our speaker line - [Are condo *officers* held to a lower standard than directors?](https://stackcondolaw.com/are-condo-officers-held-to-a-lower-standard-than-directors/) - As most of our readers know, the affairs of a condo corporation are managed by a board of directors. But the Condo Act also requires the board to appoint (at least) two officers (the president and the secretary). Who are these "officers"; who can appoint them and who do they report to? You may be - [Can "pet-free" condos pass a rule allowing cats?](https://stackcondolaw.com/can-a-pet-free-condo-pass-a-rule-allowing-cats/) - An interesting case came out of the Condo Authority Tribunal recently. It dealt with the situation of a condo corporation who had historically not enforced its pet prohibition against cats and who needed to find a way back into compliance. Survey Is your condo pet-free? What pet-related provisions are in place at your condo? Before - [How to verify if your condo directors have taken the mandatory training?](https://stackcondolaw.com/how-to-verify-if-your-condo-directors-have-taken-the-mandatory-training/) - As our readers know, all Ontario condo directors must complete mandatory training, failing which they are automatically disqualified from office. That's great but what's the point of this training obligation if owners have no way of knowing for sure whether their directors have, in fact, completed such training? Fear not, there's a way to verify - [Can condos prohibit the display of Canadian Flags?](https://stackcondolaw.com/can-condos-prohibit-the-display-of-canadian-flags/) - On July 1, 1867, the British North America Act formally joined the colonies, creating a self-governing, unified, semi-independent Dominion of Canada. In 1982, with the adoption of the Constitution Act, Canada became fully independent. The following year, July 1 was declared "Canada Day". With the big celebration tomorrow, a yearly question: Can condos prohibit owners - [Are owners entitled to access *video recordings* of their virtual AGM?](https://stackcondolaw.com/are-owners-entitled-to-access-video-recordings-of-their-virtual-agm/) - With most AGMs having been held virtually over the last 2 years, an inevitable question was bound to surface: Are condo owners entitled to access the video recording of their virtual AGM? The Condo Authority Tribunal had to rule on this a couple of days ago. Here are the lessons learned from this case. So, - [Can condo corporations access the neighbour's property to repair their own?](https://stackcondolaw.com/can-condo-corporations-access-the-neighbours-property-to-repair-its-own/) - Happy Dog Days of Summer, As construction season ramped up again earlier this Spring, a recent decision out of the Superior Court of Justice dealt with a situation where a condo urgently needed to conduct rooftop repairs, but its neighbour would not grant the condo access to its land so the condo could access its - [What is a condo corporation required to do when an owner complains of noise from another unit?](https://stackcondolaw.com/what-is-a-condo-corporation-required-to-do-when-an-owners-complains-of-noise-from-another-unit/) - A decision dealing with a noise complaint between units was recently released by our courts. The facts are as you would expect them: unit below complains of noise from unit above. The unit below sued the condo corporation (but not the owner above). Ultimately, the question in this case was: what are the obligations (and - [Ontario working on extending virtual AGMs beyond September 30?](https://stackcondolaw.com/can-virtual-condo-agms-continue-beyond-september-30/) - As our readers know, Ontario condos are allowed to hold virtual AGMs and to secure voting through electronic means pursuant to an exception in place under the Condo Act. These exceptions were initially implemented in response to the pandemic and were set to expire in December 2021. Thankfully, they were later extended to September 30, - [Virtual AGMs and e-Voting EXTENDED to September 2023!](https://stackcondolaw.com/virtual-agm-and-e-voting-extended-to-september-2023/) - The information in this blog post is no longer applicable. Please read our most recent blog post on the topic. As our readers know, Ontario condos are allowed to hold virtual AGMs and to secure voting through electronic means pursuant to an exception in place under the Condo Act. These exceptions were initially implemented in response to the pandemic - [Webinar: Hybrid AGMs](https://stackcondolaw.com/webinar-hybrid-agms-september-7-at-5pm/) - Topics: Hybrid AGMs The province has recently extended virtual AGMs and e-Voting for another year (until Sept. 2023). With virtual AGMs being here to stay, many are asking about hybrid meetings. During this webinar, we reunited two of the biggest providers CondoVoter and Get Quorum to share their views about the future of virtual AGMs. - [Who decides whether a dog is too dangerous to stay at a condo?](https://stackcondolaw.com/who-decides-if-a-dog-is-too-dangerous-to-stay-at-condo-nuisance/) - In an interesting (and surprising) decision, the Condo Tribunal reversed a board's decision to deem a dog a nuisance and to have it evicted after it attacked another dog on common elements. This case raises very important questions on who (between condo boards and the Condo Tribunal) should ultimately decide whether a dog is too - [Can condo owners ask to see minutes of *future* board meetings?](https://stackcondolaw.com/can-condo-owners-ask-to-see-minutes-of-future-board-meetings/) - We all know that condo owners can ask for copies of past board meetings. This is done through a records request. But can an owner proactively request to see minutes of all future board meetings or must they make a request each month? Do you think corporations should post minutes of board meetings or should - [What has the CMRAO done for you lately?](https://stackcondolaw.com/what-has-the-cmrao-done-for-you-lately/) - The CMRAO has recently issued its yearly report covering their activities for their 2021/2022 fiscal year. In this post, we review some of the great work it has done for the industry in the last year. Who is the CMRAO? As some of our readers will know, the CMRAO is the Condominium Management Regulatory Authority - [What can condos do when owners interfere with snow contractors?](https://stackcondolaw.com/what-can-condos-do-when-owners-interfere-with-snow-contractors/) - The Condo Tribunal had to recently deal with a case where a condo owner interfered with the snow removal operations by parking his car (on his driveway) in such a way as to impede the snow removal operations. This owner also inappropriately interacted with management and a director of the corporation. Sounds familiar? Read on - [Who decides whether the condo auditor is to attend the AGM?](https://stackcondolaw.com/who-decides-whether-the-condo-auditor-is-to-attend-the-agm/) - Most condo corporations have their auditor attend the AGM to present the audit and answer any questions on same. Other corporations don't and, instead, have a director or manager present the audit report. In this blog post we explore all questions related to auditors including whether the auditor is required to be present at the - [CCI (Eastern Ontario) Condo Conference on November 4!](https://stackcondolaw.com/ccieo-conference-on-november-5/) - The CCI (Eastern Ontario) Condo Conference is finally returning!.... and in person! This is a one-stop event! Come meet and network with your local condo community, your condo leaders and service providers! Amazing lineup (if we may say so ourselves) tackling relevant and timely topics such as enforcement, CAT decisions, reserve fund studies, how to - [Noise in condos (webinar on demand)](https://stackcondolaw.com/webinar-noise-in-condos-wed-nov-2-5pm/) - Noise complaints in condos are amongst the most difficult cases to deal with. Noise is highly disruptive and can be debilitating. At the same time, the perception of noise is highly subjective. While condo owners are entitled to live in a nuisance free environment, they are not entitled to complete quietness. To make matters worse, - [How much noise is too much noise in a condo?](https://stackcondolaw.com/how-much-noise-is-too-much-noise-in-a-condo/) - Noise complaints in condos are complicated and difficult to resolve. The cause and origin of the noise is often difficult to demonstrate and, perhaps more importantly, the level of noise that one is expected to have to tolerate is a very subjective question. In a recent case, the Condo Tribunal rule on an age old - [The return of Canada’s Unknown Soldier - Remembrance post](https://stackcondolaw.com/canadas-unknown-soldier-a-remembrance-post/) - Every November we pause to remember those who served in war and peace and those who paid the ultimate price for our collective freedom. This year, this very freedom and the values behind it were tested. Some even attempted to appropriate and redefine them in furtherance of their political agenda. For this reason, this year's - [Webinar: Condo Jeopardy Lawyer's Edition (Dec. 7 at 5pm)](https://stackcondolaw.com/webinar-condo-jeopardy-lawyers-edition-dec-7-at-5pm/) - It seems that the most wonderful time of the year is just around the corner.... in a month to be more precise. So for the last Condo Adviser episode of the year we thought we'd repeat last year's Condo Jeopardy - Lawyer's Edition !!! As we did last year, we rounded up Condo Lawyers from - [Smoke complaints: Condos must investigate both sides](https://stackcondolaw.com/smoke-complaints-condos-must-investigate-both-sides/) - This is your typical case involving condo owners complaining of smoke/smell emanating from a neighbouring unit. As is often the case, you have repeated complaints from the same few neighbours and a strong denial from the owner at the centre of the complaints. So, what is a corporation to do in these circumstances? Here is - [Are owners entitled to access recordings of online condo meetings?](https://stackcondolaw.com/are-owners-entitled-to-access-recordings-of-online-condo-meetings/) - For the second time, the Condo Tribunal was asked to rule on whether recordings of online owners' meetings constitute a record of the corporation to which owners are entitled. This case significantly moved the needle with its conclusion that such recordings are in fact records of the corporation (at least in the circumstances of this - [Silent Night...](https://stackcondolaw.com/silent-night/) - Only a couple of days ago, we had different plans for our Christmas post. It was going to be full of light and cheers and laughter. We were looking forward to it with excitement. But it was not to happen. Less than a week before Christmas, tragedy struck at the heart of a condo community; - [Are non-compete clauses in management agreements enforceable?](https://stackcondolaw.com/are-non-compete-clauses-in-management-agreements-enforceable/) - An interesting case recently had to rule on whether non-compete clauses in management agreements are enforceable. This case dealt with a condo corporation who continued to employ the same manager after they had both left the management firm. This case contains important lessons when dealing with a situation that is more common than one would - [How many motorcycles can be parked in a condo parking?](https://stackcondolaw.com/how-many-motorcycles-can-be-parked-in-a-condo-parking/) - In a recent case, the Condo Authority Tribunal had to rule on whether a condo owner could "triple park" three motorcycles in his parking spot. An interesting case with a little bumpy ride. Facts The facts are quite simple. The owner triple parked three motorcycles in his parking spot. Two letters were sent from management - [Webinar: Life and Safety in condos (Wednesday Feb. 1 @ 5pm)](https://stackcondolaw.com/webinar-life-and-safety-in-condos-wednesday-feb-1-5pm/) - Recent tragic events in the condo industry are raising new (and pressing) questions on condos' ability to ensure the safety and security of their owners, directors and managers. Our February webinar covers the various mechanisms in place and those we ought to implement to improve our collective safety. Our speakers focus on threats, dangerous conduct - [Storage lockers in underground parking garage against Fire Code?](https://stackcondolaw.com/storage-lockers-in-underground-parking-garage-against-fire-code/) - In a recent decision, the Ontario Fire Safety Commission ordered a residential condo corporation to remove all items stored in 52 wired caged storage locker units located on various levels of its underground garage because they were in breach of the Ontario Fire Code. An important (and likely costly) decision raising issues of life, safety - [Both tenant and landlord responsible for tenant's disruptive conduct](https://stackcondolaw.com/both-tenant-and-landlord-responsible-disruptive-tenants-conduct/) - A recent case out of the Condo Tribunal highlights very important (and costly) lessons for both the owner and tenant of a unit following a chronic pattern of disruptive and aggressive behaviour on the tenant's part, which unreasonably interfered with the comfort and quiet enjoyment by other residents. Landlords may want to pay attention to - [Webinar: Tenants in condos (Wed. March 1 @ 5pm)](https://stackcondolaw.com/webinar-tenants-in-condos-wed-march-1-5pm/) - Cohabitation between owners occupying their units, those leasing them out and tenants is not always easy. As a result, there has been an increasing number of condo cases involving tenants. What most of these cases bring to light is the overlapping but conflicting legislation regulating condos and that regulating tenancies. Are there different classes of - [Are condo owners entitled to get the name and address of other owners](https://stackcondolaw.com/are-condo-owners-entitled-to-get-the-name-and-address-of-other-owners/) - You'd be surprised how often we're asked whether condo owners are entitled to get the names and addresses of other owners. I was surprised we didn't have a blog post on this (our existing posts having focused on the other pesky question of whether owners can get their neighbour's email address). So here it is, - [Can condo corporations tow cars who are in breach of parking rules?](https://stackcondolaw.com/can-condo-corporations-tow-cars-who-are-in-breach-of-parking-rules/) - The Condo Tribunal was recently asked to rule on whether it was reasonable for the condo corporation to tow a car that was in breach of the parking rules. It seems that the answer is "yes, but not always". Once more, reasonableness is the key consideration. Facts of the case Less than a week after - [Change to the Condo Act: Are virtual meetings and electronic voting (finally) here to stay?](https://stackcondolaw.com/change-to-the-condo-act-are-virtual-meetings-and-electronic-voting-finally-here-to-stay/) - Ontario is introducing changes to the Condo Act to provide condo corporations more flexibility to implement virtual meetings and electronic voting. These changes are being presented pursuant to Bill 91, named "Less Red Tape, Stronger Economy Act, 2023". You can review the bill here. Summary of changes If passed, this legislation will: enable condos to hold - [Changes to how the Condo Act will deal with owners' email addresses](https://stackcondolaw.com/changes-to-how-the-condo-act-will-deal-with-owers-email-addresses/) - On April 3, Ontario introduced proposed amendments to the Condo Act to enhance flexibility for condo corporations wishing to implement certain virtual and electronic processes. We already blogged about this. In this context, the province is seeking your input on proposed changes to the Condo Act's general regulation and specifically on how to treat owners' email - [Owner exempt from special assessment due to deficient Status Certificate](https://stackcondolaw.com/owner-exempt-from-special-assessment-due-to-deficient-status-certificate/) - In one of our recent cases, a judge ruled that the issuance of a deficient status certificate was oppressive and that the condo owner was exempt from having to pay their prorated share of a special assessment. This case contains important lessons for all corporations and managers who issue a status certificate. Facts of this - [Can I BBQ on my Condo Balcony?](https://stackcondolaw.com/can-i-bbq-on-my-condo-balcony-2/) - It's BBQ season! With it, comes questions pertaining to BBQ safety and neighbourly etiquette. This is particularly true in condo living and even more so when one lives in a mid to high-rise complex, where occupants have the exclusive use of a balcony. A recurring question is whether BBQs are allowed on condo terraces and balconies. - [Can condo corporations put up "Christmas" decorations on common elements?](https://stackcondolaw.com/can-condo-corporations-put-up-christmas-decorations-on-common-elements/) - We're fast approaching that most wonderful time of the year, with cheers of joy and good wishes... for most. You see, the holiday spirit is not universally shared by all. To help you get into the holiday spirit (should you be so inclined but in no way obligated to), we decided to revisit this 2021 post - [Frosty the Boardman (Ode to CondoLand)](https://stackcondolaw.com/frosty-the-boardman-ode-to-condoland/) - Here we are, reaching the end of another year! As most are winding down for the season, we offer our traditional Christmas blog post! As we have done these last few years, we offer to revisit a Christmas classic and adapt it to CondoLand. This year, we present our version of the well-known song Frosty - [When, why and how to change condo manager (Webinar)](https://stackcondolaw.com/webinar-when-why-and-how-to-change-condo-manager-wed-may-10-at-5pm/) - A good condo manager is essential to the smooth operations of your condo. Through thick and thin, your manager is your most trusted ally and, in many cases, your first responder. For this reason, it is essential to build a trusting and respectful, long-term relationship with them. Still, sometimes, the "fit" is lost and management - [Vitual AGMs and Electronic voting are here to stay!](https://stackcondolaw.com/vitual-agms-and-electronic-voting-are-here-to-stay/) - The "Less Red Tape, Stronger Economy Act" (Bill 91) received royal assent yesterday, which will amend the Condo Act to: permit condos to hold virtual or hybrid meetings; permit voting to be done electronically; and, facilitate how notices and other documents are sent to owners. The above will be allowed without the requirement of passing - [Webinar: Condo Low Law Palooza with condo lawyer friends (June 21 at 5pm)](https://stackcondolaw.com/webinar-condo-low-law-palooza-with-condo-lawyer-friends-june-21-at-5pm/) - For our final episode of the season (!), we've invited some of our condo lawyer friends from across the province to join us in our annual Condo Low Law Palooza! The best legal minds in the industry will present their favourite recent legal case. Check out our speaker line up below! You don't want to - [Webinar: Back to [Condo] School ! (Wed. Sept. 6)](https://stackcondolaw.com/webinar-back-to-condo-school-wed-sept-6/) - With September at our doors, we are launching our webinar season! As we have over the last 3 years, we will aim for 5 pm on the first Wednesday of each month. As always, we'll do our best to keep them useful, relevant and fun! We are launching our season with our "Back to [Condo] - [Condo liens, oppression, insurance deductible and other firefighting lessons](https://stackcondolaw.com/condo-liens-oppression-insurance-deductible-and-other-firefighting-lessons/) - Sadly, this case started with eggs being inadvertently forgotten on a stove and ended with an owner losing his home when he refused to pay the deductible amount being charged back to his unit. In this blog, we discuss the validity of condo liens and the deference that will be granted to condo corporations who - [Webinar: Changes to common elements](https://stackcondolaw.com/webinar-changes-to-common-elements-wed-nov-1-5pm/) - An oddly recurring set of questions we get deals with modifications to common elements. Who can modify them and under what conditions? What about Corporations? Can they modify common elements and, if so, what's the level of consultation required to do so? Who pays for what? .... etc. Join us to learn on this from - [Canada’s Peacekeepers - A Remembrance post](https://stackcondolaw.com/the-costly-pursuit-of-peace-a-remembrance-post/) - Every year, we pause to remember and honour past and present heroes who fought bravely to uphold our way of life, many of them giving up their own. This act of remembrance is all the more important this year, at a time when the world is in dire need of peace. For this reason, we - [Webinar: Ask a lawyer any [condo] question - Wed. Dec. 6 @5pm](https://stackcondolaw.com/webinar-ask-a-lawyer-any-condo-question-wed-dec-6-5pm/) - In line with the holiday spirit, we decided to try something a little different for this one. Your three favourite condo lawyers took on your condo questions, live on air. Tune in to listen to their pointers and best practice advice in response to condo questions from their viewers. Watch on demand You can watch - [Provincial Elections rules in condos](https://stackcondolaw.com/provincial-elections-do-you-know-the-rules-on-canvassing-in-condos/) - And they're off! Ontario is now in election mode. Boards and property managers will soon receive requests from candidates and their representatives wanting to access the property for campaigning purposes. Time to get a refresher on the rules applicable to provincial elections in condos... especially considering that a failure to comply with them may result - [Are "Owners' Handbooks" Enforceable?](https://stackcondolaw.com/are-owners-hanbook-enforceable/) - Many condo corporations set out their rules in "owners' handbooks" or "guidebooks" that are passed down from board to board. In many cases, how and when these "rules" were adopted is lost to history. This can cause significant challenges to condos when it comes time to enforce these rules or, as in a recent court - [Who pays for shared expenses when there is no shared facilities agreement?](https://stackcondolaw.com/who-pays-for-shared-expenses-without-a-shared-facilities-agreement/) - Usually, condo corporations sharing assets or equipment have in place cost sharing agreements. But in many cases, there aren’t such agreements or those in place are inadequate. The question in today's post: who pays for shared expenses in these cases? The Court of Appeal has recently ruled on this in one of our cases. Facts - [Are clients of home businesses allowed to use the visitor parking?](https://stackcondolaw.com/are-clients-of-home-businesses-allowed-to-use-the-visitors-parking/) - Most condo corporations have very limited visitor parking available to them. This requires that their use be regulated and monitored to ensure that they are available to bona fide visitors. In a recent decision, the CAT had to rule on whether owners could use the visitor parking for home office clients. Interesting lessons. It may - [Can AGM packages be sent to condo owners by email?](https://stackcondolaw.com/can-agm-packages-be-sent-to-condo-owners-by-email/) - Since last October, condo corporations are permitted to send notices to owners by email. Our readers have asked us whether this applies to AGM packages as well. Search no more, here's the answer. Recent changes to the Act The “Less Red Tape, Stronger Economy Act” (Bill 91) received royal assent last June. This Act modernized the Condo - [Webinar: Deep dive on condo insurance - Part I](https://stackcondolaw.com/webinar-deep-dive-on-condo-insurance-wed-feb-7-5pm/) - The single most complicated issue in condo land is insurance. Not a day goes by without clients asking us what insurance is required; who pays for damage to a unit; who pays the deductible amount. And not a single day goes by where we don't answer: "It depends". Let's clarify this question once and for - [Condos must enforce their visitor parking rules](https://stackcondolaw.com/condos-must-enforce-their-visitor-parking-rules/) - Here is another case involving visitor parking. In this case, the CAT ordered the condo to enforce its existing rules and to implement measures to better regulate the use of their visitor parking. Facts of the case The condo complex at the centre of this litigation has 25 common element visitor parking spaces for approximately - [Smoking in condos does not always amount to nuisance](https://stackcondolaw.com/smoking-in-condos-does-not-always-amount-to-nuisance/) - While lots of condos have become smoke free, many either don't regulate smoking or granted legacy rights to existing smokers. The result is that, when owners complain about smoke in their units, both sides rely on their nose to argue that the other side is wrong about the degree of nuisance. In a recent case, the CAT ruled on whether a "sniff test" constituted an adequate investigation into a smoke complaint. - [Webinar: Deep dive on condo insurance PART 2 (Wed. March 6 @ 5pm)](https://stackcondolaw.com/webinar-deep-dive-on-condo-insurance-part-2-wed-march-6-5pm/) - This webinar is the second of our series on condo insurance. In this episode discuss the pros and cons of Standard Unit by-laws and Insurance Deductible by-laws. We also opened the floor to questions from our viewers. You can watch a recording of this episode. CPE Credits: This activity has been approved for 1.0 CPE - [Thank you 2 million times!](https://stackcondolaw.com/thank-you-2-million-times/) - We launched the CondoAdviser blog on a cold evening, on March 24, 2015. Nine years later, on February 29, we hit the milestone of 2 million views! Since then, amazing #CondoGeeks have contributed to the blog, including Jocelyn Duquette, Graeme Macpherson, David Plotkin, Nailah Ramsoomair. Over the last 9 years: We have published some 492 posts; - [Can owners use records requests to go on "fishing expeditions"](https://stackcondolaw.com/can-owners-use-records-requests-to-go-on-fishing-expeditions/) - Owners are entitled to access records of the corporation. After all, these records "belong" to the owners and the affairs of the corporation are an "open book" to unit owners. But what can condos do when an owner's records request goes too far? Are owners entitled to go on fishing expeditions? - [Webinar: EV charging stations in condos](https://stackcondolaw.com/webinar-ev-charging-stations-in-condos-wed-april-3-5pm/) - Plug into this webinar to learn everything you need to know about EV charging stations! From the initial owner consultation, to securing grant money, installing the infrastructure and registering of EV Agreements. This webinar was recorded on April 3, 2024. Watch on demand: You can watch the webinar here CPE Credits: This webinar has been approved - [CCI-EO Ottawa Conference](https://stackcondolaw.com/cci-eo-ottawa-conference/) - Ah, September. Back to school. Pumpkin spice. But most importantly, CCI's Ottawa Conference! That's right the biggest condo event in Ottawa is happening on September 20, 2024 at the Ottawa Conference & Event Centre at 200 Coventry Road. Sign up now and see the region's condominium experts present on some of the most important and cutting - [Condo by-law authorizing Santa Claus to land on common elements](https://stackcondolaw.com/condo-by-law-authorizing-santa-claus-to-land-on-common-elements/) - We've been a little quieter this year, at the Condo Adviser. But did you really think we'd skip our traditional Christmas post?! In line with our previous holiday posts that blend Christmas classics with condo life, we offer you a whimsical by-law officially authorizing Santa’s rooftop landings on condo buildings across Ontario—ensuring that all residents, - [Are condos entitled to enter units to repair and maintain common elements?](https://stackcondolaw.com/condos-entitled-to-enter-units-to-repair-and-maintain-common-elements/) - As our first blog post of the year, we revisit the question of whether condo corporations are entitled to enter a unit to repair and maintain common elements. As you will see from a 2023 decision, an owner's refusal to permit access to their unit can end up being costly to them. Facts of this - [Does the CAT have jurisdiction over harassment disputes?](https://stackcondolaw.com/the-cats-jurisdiction-what-is-harassment/) - As many of our readers likely know, certain condo disputes (but not all) fall under the jurisdiction of the Condominium Authority Tribunal. Indeed, the CAT has jurisdiction over records, pets, parking, storage, nuisance, and chargebacks related to these. However, over the last few years, the Tribunal appears to have taken an expanding approach to its - [Can condo owners access email exchanges between board members?](https://stackcondolaw.com/can-condo-owners-access-email-exchanges-between-board-members/) - In most cases, records of a condo corporation are expected to be part of an open book, accessible by owners. But does this right to examine records of the corporation extend to email exchanges between board members? In this blog post, we explore 3 cases on this issue with different lessons. Emails referred to in - [Can owners refuse to pay condo fees when they have a claim against the condo?](https://stackcondolaw.com/can-owners-refuse-to-pay-condo-fees-when-they-have-a-claim-against-the-condo/) - In this blog post, we explore whether condo owners can hold back their common expenses when they have a claim against the corporation? In our shortest post ever, the answer is: "no". The end. We could have stop the post there but we figured you may want to know a little more about a recent - [Can condos prohibit owners from displaying the Canadian Flag?](https://stackcondolaw.com/can-condos-prohibit-displaying-of-the-canadian-flag/) - With Canada Day around the corner, Canadian flags will start popping up everywhere, including in Condo Land. Inevitably, this will lead to a yearly question: Can condos prohibit owners from displaying their maple leaf pride? We tackle this question in this post. Condo Rules on the Canadian Flag Many corporations have rules preventing the display - [Notices of lien during the postal strike](https://stackcondolaw.com/service-of-notices-of-lien-during-mail-strike/) - The looming strike at Canada Post presents unique challenges for condo corporations needing to serve notices. For instance, this strike may affect the corporation's ability to provide notices of lien or notices of meeting. The Condo Act provides various alternatives to mail service. This post explores these options. - [Condo ordered to pay $75K for oppressive fraudulent Status Certificate](https://stackcondolaw.com/condo-ordered-to-pay-75k-for-oppressive-fraudulent-status-certificate/) - In a recent case, a condo corporation was found to have fraudulently falsified its status certificate to support its demands of an owner. This post discusses the importance of accuracy and honesty when issuing these certificates. - [Condo Land, the True North Strong and Free](https://stackcondolaw.com/lets-make-condo-land-true-north-strong-and-free/) - This Saturday marks the 60th anniversary of the Canadian Flag. In response to you-know-what-by-you-know-who, five former prime ministers have asked Canadians to fly the Maple Leaf this Saturday... but what about those pesky condo rules? Can Condo Land join in this wave of patriotism? The first raising of our flag On February 15, 1965, exactly - [Condo Rentals: must landlords disclose the rent amount to the Corporation?](https://stackcondolaw.com/must-owners-disclose-to-the-condo-the-rent-amount-when-leasing-their-unit/) - Condo owners who rent out their unit are required to disclose certain information to the corporation. One question that often arises is whether they must also disclose the rental amount? For some reason, there is still confusion on this topic. Search no more and read on! - [CAT orders the removal of 2 abandoned vehicles](https://stackcondolaw.com/cat-orders-the-removal-of-2-abandoned-vehicles/) - This is a case where an owner abandoned two derelict vehicles in her common element driveway. After 2 years, the corporation brought the matter to the CAT to have them removed. Interestingly enough, this case does not appear to have been a case about parking... - [Federal Elections: Canvassing and Electoral Signs in Condos (2025)](https://stackcondolaw.com/federal-elections-canvassing-and-electoral-signs-in-condos-2025/) - And there's off to the Federal election races! Boards and managers will soon receive requests from candidates wanting to access the condo for canvassing purposes, while some owners will ask to put up electoral signs, other will demand that they be taken down. In this blog post, we go over the rules applicable to canvassing and electoral signs during federal elections. - [Elder Abuse and Removing a Disruptive Occupant](https://stackcondolaw.com/elder-abuse-and-removing-a-disruptive-occupant/) - In a recent decision, the Ontario Superior Court permanently banned an individual from occupying or even visiting a condominium unit due to repeated harassment and elder abuse concerns. The case, YRCC No. 570 v. Edery, underscores the responsibilities of condo boards to ensure resident safety and enforce compliance under the Act. Key Facts Kathryn Edery, - [Owners are entitled to records - not information or justifications behind decisions](https://stackcondolaw.com/owners-are-entitled-to-records-not-information-or-justifications-behind-decisions/) - Condo corporations take note—when it comes to records requests, the Tribunal has made it clear: you’re only expected to provide "records", that actually exist and not information or justifications. - [Webinar! Maintenance Plan: Myth or Reality?](https://stackcondolaw.com/webinar-maintenance-plan-myth-or-reality-oct-2-at-noon/) - New webinar. The topic? The ever-so-elusive Maintenance Plan! We’ve all heard of it. Everyone talks about it. Some even swear they’ve seen one in the wild. But for most condo directors (and managers), the elusive Maintenance Plan feels more like a unicorn than a working document. Well, it’s time to separate myth from reality. If you’ve ever - [Condo Conflicts: when does rudeness cross the line into harassment?](https://stackcondolaw.com/condo-conflicts-when-does-rudeness-cross-the-line-into-harassment/) - Disputes between neighbours in a condo setting are regrettably somewhat common. These disputes often involve disagreements, which can occasionally result in unpleasant interactions and rudeness. But at which point does rudeness cross the line into harassment? This is the question that the CAT recently answered in the Holloway case. - [Consequences of skipping mandatory mediation or arbitration](https://stackcondolaw.com/mediation-and-arbitration-start-it-early-or-lose-your-chance/) - Disagreements between condo owners and corporations over governing documents must first go to mediation and arbitration, rather than to the courts. Yet, this mandatory process is often overlooked, leading to delay and costly procedural steps. A recent case sheds some light on the consequences of skipping these steps. The old "use it or lose it" principle. - [Are condo policies enforceable?](https://stackcondolaw.com/are-condo-policies-enforceable/) - Policies vs. Rules in Ontario Condos: What Boards Can (and Can’t) Do We all know about declarations, by-laws, and rules. Each of these governing documents has their own process to be adopted and sets the parameters for what condominiums, their owners, their boards, and their residents can and cannot do. However, as I am sure - [Halloween post: When AI meets the CAT](https://stackcondolaw.com/halloween-post-when-ai-meets-the-cat/) - It was late October — the season of masks, mischief, and things that are not quite what they seem — when the Condominium Authority Tribunal released a decision that reads like a ghost story for the digital age. This blog focuses on the risks and pitfalls of AI drafting. - [The Last Canadian to Fall : A Remembrance Day post](https://stackcondolaw.com/the-last-canadian-to-fall-a-remembrance-day-post/) - Eighty years have passed since WW2 guns fell silent, but the echoes of Canadian sacrifice still linger. In this year's Remembrance Day post, we recall the tragic death of the last Canadian to fall, only inches away from safety, mere hours before the war finally ended. Lest we forget. - [How Long Must Condos Retain Records?](https://stackcondolaw.com/how-long-must-condos-retain-corporate-records/) - Condos are drowning in records… and records requests. This is creating uncertainty, risk, and frustration as boards and managers try to determine what is a record, what is not and how long to keep them. - [Vexatious Litigants: How Many Cat Cases Is Too Many?](https://stackcondolaw.com/vexatious-litigants-how-many-cat-cases-is-too-many/) - How many CAT cases must someone bring before they are declared to be a vexatious litigant? Here is where the CAT draws the line. - [Emotional Support Animals in No-Pets Condos: Documentation Matters](https://stackcondolaw.com/emotional-support-animals-in-no-pets-condos-documentation-matters/) - No-pets means no pets… unless you qualify for an accommodation. Fake medical letters can lead to a removal order and legal costs. A sharp reminder: document properly, follow the process, and don’t try to game condo rules. - [A Smarter Way to Condo Law](https://stackcondolaw.com/a-smarter-way-to-condo-law/) - We're excited to introduce STACK Condo Law and the STACKed Blog! Here's our inaugural post introducing us! - [Introducing our Brand-New AGM Calculator](https://stackcondolaw.com/introducing-our-brand-new-agm-calculator/) - Figuring out statutory AGM deadlines should not require a law degree. No more guesswork with our brand-new AGM Calculator! - [The New Condo Headache: Confidently Wrong Emails, Courtesy of AI](https://stackcondolaw.com/the-new-condo-headache-confidently-wrong-emails-courtesy-of-ai/) - A unit owner opens an email from management: “Chargeback for insurable damage to other units.”They do what any calm, reasonable person would do. They paste the whole thing into an AI tool and type: Write me a reply that shows I am not responsible. Make it firm. Add legal authority. Fifteen seconds later, AI delivers - [Can Tenants Go to the Condo Tribunal?](https://stackcondolaw.com/can-tenants-go-to-the-condo-tribunal/) - Tenants often threaten to “go to the CAT.” But can they? This post explains who actually has standing before the Condo Tribunal—and why many tenant applications never get off the ground. - [Should Management Grant Mortgagees Access to Units?](https://stackcondolaw.com/should-management-grant-mortgagees-access-to-units/) - Mortgage lender asking management for the keys? Tempting—but risky. This post explains why condo boards should think twice before opening the unit door without a writ of possession. - [Introducing Our Brand-New Meeting Notice Builders](https://stackcondolaw.com/introducing-our-brand-new-meeting-notice-builders/) - Stop wrestling with templates and pdf forms! With a few clicks, our Notice Builders generate your notice of meeting! Bonus, they come with a practical checklist! - [Can Condos Terminate Pre-turnover Management Agreements Without Penalty?](https://stackcondolaw.com/can-condos-terminate-pre-turnover-management-agreements-without-penalty/) - Section 111 gives condos a real exit from pre-turnover management agreements, with no costly strings attached. A new court decision shuts down $150K termination claims and reinforces this powerful right. Big implications for new condos. - [Fire Code Charges - Who is at Risk?](https://stackcondolaw.com/fire-code-charges-against-management-and-condo/) - Condos and managers can be charged under the Fire Code. Having a fire safety plan is not enough: you must be trained, able and ready to implement it effectively. - [5 Things Condo Managers Must Do When Served With a Claim](https://stackcondolaw.com/5-things-condo-managers-must-do-when-served-with-a-claim/) - So your condo has been sued. Now what? Here are the first 5 critical steps a condo manager (or director) must take after service of the claim. - [Are Condo Corporations Responsible for Dog Attacks on Common Elements?](https://stackcondolaw.com/are-condo-corporations-responsible-for-dog-attacks-on-common-elements/) - When a dog bites in the lobby, does the condo get bitten too? The Court of Appeal says liability (usually) follows the dog, not the building. Still condo corps. cannot look the other way. - [Are Condo Owners Entitled to Access Legal Invoices?](https://stackcondolaw.com/are-condo-owners-entitled-to-access-legal-invoices/) - When legal fees are charged back, owners often turn to records requests to see what's behind the charge. Legal invoices may be records of the corporation but owners are not entitled unredacted access. 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He brings serious governance and litigation experience to Stack, paired with a calm, clear communication style and a sense of humour that makes even tough conversations easier.He works hands-on with boards, owners, and property managers, helping them - [Jacynthe Rainville](https://stackcondolaw.com/our-team/jacynthe-rainville/) - Jacynthe Rainville senior legal assistant Jacynthe@stackcondolaw.com 613.366.3426 VCard Linkedin-in Overview Jacynthe is a senior legal assistant and law clerk at Stack Condo Law, bringing over 20 years of experience supporting condo lawyers and clients across a wide range of governance, compliance, and operational matters.Jacynthe plays a central role in the day-to-day delivery of legal services - [Jason Rivait](https://stackcondolaw.com/our-team/jason-rivait/) - Jason Rivait Partner Jason@stackcondolaw.com 416.572.8531 Linkedin-in VCard Overview For more than 15 years, Jason has been a trusted voice to Ontario’s condominium law community. As a founding partner of Stack Condo Law, he brings seasoned judgment together with a calm and balanced approach.Jason works alongside boards and property managers as a strategic partner, offering proactive - [Josh Milgrom](https://stackcondolaw.com/our-team/josh-milgrom/) - Josh Milgrom Partner Josh@stackcondolaw.com 416.551.8741 Linkedin-in VCard Overview Josh is one of the founding partners of STACK Condo Law with a practice exclusively focused on all things condo. From drafting documents to navigating lively owners’ meetings, he handles the full range of condo law issues.He helps boards and managers cut through complexity with clear and - [Justin Mclarty](https://stackcondolaw.com/our-team/justin-mclarty/) - Justin Mclarty Counsel Justin@stackcondolaw.com 416.583.5902 Linkedin-in VCard Overview Justin is counsel at STACK Condo Law and brings over a decade of focused experience in condo law and real estate matters. He has a knack for finding practical solutions tailored to the unique needs of each condo community.Justin assists corporations with all aspects of governance, including - [Lien Calculator](https://stackcondolaw.com/lien-calculator/) - [Litigation Support](https://stackcondolaw.com/services/litigation-support/) - Litigation Support Home Services Litigation Support Lorem Ipsum Full representation and litigation guidance Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and it to make a type specimen book. 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