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Tag: condominium

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

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Real Estate law: Can You Refuse to Close if Your Condominium Square Footage is Less Than You Bargained For?

In real estate law, representations are very important elements to any agreement of purchase and sale.  Typically the party selling the property will represent things such as the size of the land, the size of the dwelling, that the chattels and fixtures included in the purchase price are free and clear of encumbrances and in working order, etc.  In law, a representation is defined as a statement of past or present fact without the statement necessarily also being a promise, although the law has recognized that a representation can be both a promise and a representation.  While the topic of representations in contracts is extremely comprehensive, 756289 Ontario Limited et al. v. Milan Harminc, (1998) CarswellOnt 1577, 98 G.T.C. 6206 (“Harminc”) is one example of where a representation affected a real estate transactions with respect to the representation of square footage.Harminc is a case wherein a buyer purchased a commercial condominium property from a builder.  The buyer refused to close and the builder sued the buyer for breach of contract and sought damages.  While the defendant buyer advanced a number of arguments for his defence, the case turned on whether the builder misrepresented to the buyer the square footage of the property and if so, whether that misrepresentation was material enough to entitle the buyer to rescind the contract and refuse to close.

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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.

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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

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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.

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STATUS CERTIFICATE REVIEW – A Way Out of the Deal?

Last week, one of my clients called to inform me that the sale of his condo unit failed to firm up because the purchaser’s lawyer advised the purchaser not to waive the condition in respect of the condominium status certificate review.  My client said that the reason the purchaser did not waive the condition was because the status certificate disclosed that the unit is a bachelor, which it originally was before my client

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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.

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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.

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Real Estate: Buying an Investment Condo Pre-Build and the GST/HST Rebate

A few months ago my clients came in to sign the builder documents for interim occupancy for their condominium unit which they purchased pre-build as an investment to rent out. My clients told me that that they had contacted the builder to get consent in order to allow them to rent their unit during the interim occupancy period. I advised them that if they do rent their unit during interim occupancy, they will not

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Real Estate: Buying New? What You Need to Know

People who purchase new condominiums and houses directly from the developer are usually attracted to the prestige of being the first to own and occupy the property; however, buying brand new may not be the right decision for those who are cost and time conscious.Developer agreements heavily favour developers, which should come as no surprise. Although purchasers are somewhat protected by the

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