Generic filters
Exact matches only
Search in title
Search in excerpt
Search in content
Filter by Practice Category
Business Setup & Contracts
Commercial & Business Transactions
Land Assembly & Real Estate Development
Litigation
Mortgage and Loan Enforcement
Mortgage Syndication
Private Mortgage Closings & Administration
Real Estate Closings & Property Law
Wills, Estates & Tax
Filter by Practice Industry Category
Business & Finance
Estates & Tax
Litigation
Real Estate

Tag: condominium act

CONDOMINIUM LAW: Too Many Loud Parties in Your Condominium Building?

Recently a Client who owned a condominium unit in a condominium building, came into my office and complained that he was being a target of an unjust campaign by members of his condominium corporation’s (“Corporation) board of directors (the “Board”) to drive him out of the condominium building.  The Corporation alleged that, amongst other things, the Client was lighting fireworks off of his balcony on holidays, having loud parties at all hours of the night, and allowing guests to run rampant all over the condominium building.  The Client admitted that on the occasion he would host small parties and get togethers but denied the Corporation’s version of his alleged activities. Initially, the Corporation began issuing letters through the property manager demanding that the client cease the alleged activity on every occurrence in which he would have visitors to his unit.  The client attempted to address the matter with the Corporation by asking for proof of the alleged conduct and for a meeting with the complainants to discuss their issues directly with him.  His attempts fell on deaf ears and the relationship between the Client and the Board deteriorated.The final straw came when the Client received a letter from the Corporation’s solicitor threatening legal action and charging him legal fees for the said letter as they were entitled to under the condominium’s declaration and rules.  The Client was furious because he felt that the Board

Read more

CONDOMINIUM LAW: 10 Day Cooling Off Period and Giving Proper Notice of Rescission

The condominium market in Toronto is and has been hot over the past few years for a variety of reasons such a seeming stable Canadian economy, foreign investment, growth in Toronto’s financial services industry, low interest rates and lack of supply in desirable neighbourhoods.  Condominium Developers market new projects as sexy investments, and for the most part, over the last many years, Purchasers in desirable projects have seen a return on their  investment either through rent or resale.  Condominiums are out selling any other type of dwelling in Toronto and Toronto is North America’s leader in new condominium project starts.  During a hot condominium market, it is easy for Purchasers looking to invest  for themselves, their children or as an income property, to rush into a deal and a project without knowing all the pertinent facts.  Therefore It was good thinking by the government of the day to provide statutory rescission rights under the Ontario Condominium Act, 1998 (the “Act”) .  This article will briefly examine the rescission rights under the Act and discuss the proper methods of delivering the Purchaser’s intention to rescind if they do not wish to proceed with purchasing a condominium unit.

Read more

REAL ESTATE LAW UPDATE: Is a Condominium Corporation Obligated to Buy the Superintendant’s Unit?

Coincidentally, the day I read the Ontario Court of Appeal’s decision in Lexington on the Green Inc. v. Toronto Standard Condominium Corporation No. 1930, (2010 ONCA 751)[Hereinafter  “Lexington”) was the same day that I reviewed a client’s status certificate from the same Condominium  Corporation so it was extra interesting to review this case.Under the Ontario Condominium Act, 1998 S.O. 1998 (Hereinafter the “Act”), within ten days of the condominium  Developer registering the condominium declaration and description, the Developer (also known as the Declarant) has to appoint an interim board of directors (the “Board”) to manage the newly created condominium corporation (Section 42(1) of the Act), until such time that the Declarant no longer owns a majority of the condominium units.  Once the Declarant ceases to own a majority of the units, within 21 days the appointed Board must call a first meeting of the unit owners to elect a new board (section 43(1)).  The Court in Lexington considered Section 112 of the Act, which permits for a newly appointed board of directors to terminate agreements (such as property management and other service agreements) which the appointed interim board has entered into.  The purpose is to discourage and prevent any “sweetheart deals” impropriety between the Developers’s appointed Board and condominium goods and service providers who could very well be subsidiaries of the Developer.

Read more

REAL ESTATE LAW: Condominium Basics

WHAT IS A CONDOMINIUM? The term “condominium” refers to a specific, legal form of owning real estate; not to the physical style of the building, or the particular use of the building.Condominiums are a means of dividing property into some parts which are individually owned, and some parts which are owned in common.A “condominium” can be any kind of building, including a highrise apartment, a low rise apartment, a semi-detached house, a townhouse or commercial unit such as a store or an office.Owners can sell their units, along with their share of the common property.The property taxes, and mortgage, as well as a proportional share of common expenses for each unit, are the responsibility of the owner.

Read more

A Note to Condominium Developers

Condominiums are becoming increasingly important as more people choose to live in condos. In recent years, the condo industry has been booming in Canada with new condo towers being erected each year. Moreover,  condominium development has steadily increased in Ontario for several years.

Read more

CONDOMINIUM LAW: Rules and by-laws you should know prior to purchasing.

Unit owners must comply with the specific rules and by-laws of the condominium corporation, otherwise the Corporation has the right to get a court order directing compliance and ordering payment of its legal costs. If a unit owner intends to rent his/her unit, it is vital that he/she include a clause requirig the tenant to comply with all the rules and by-laws of the condominium corporation. These rules should be

Read more

REGULATING THE PROPERTY MANAGEMENT OF YOUR CONDOMINIUM

The residential condominium is now a modern way of living to get away from all the daily chores of home ownership. Living in a condominium is an enriching and rewarding lifestyle. The Condominium Act is in place to ensure compliance with the rules, declaration, and by-laws of a condominium so that condo-life is assured to be harmonious and convenient.

Read more

Does a Hot Tub in Your Condominium Back Yard or Terrace Need Approval?

Case analysis on the Ontario Court of Appeal decision and interpretation of Section 98 of the Ontario Condominium Act, specifically deals with an owner needing approval from the condominium board for any addition, alteration or improvement to the common elements. The court found that the installation of a hot tub did not need approval by the board subject to section 98.

Read more

Have a Great Condominium Balcony or Terrace? Careful You May Not Actually Own It!

Condominium balconies or terraces are generally now owned by the unit owner, they are exclusive use common elements owned by the condominium corporation. Any addition, alteration or improvement to the terrace or balcony must be approved by the condominium board.

Read more