2020
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October 27
All assessments (including special assessments) of common expenses have to be charged to unit owners in the proportions set out in the declaration. Did you also know you can change them? Further, you can have more than one set of proportions. October 28 There's a wide range in #condos regarding what is a "unit" and what is a "common element". Boundaries can go virtually anywhere, and some things may be one thing or the other regardless of location. You have to read your documents carefully. [with illustrations] October 29 When a residential rental property is converted to #condo, the landlord is not only prevented from terminating tenancies for personal use of the unit after the condo is registered, but also while the condo approval application is in process. November 4 #Condos only have the right to perform owners' maintenance or repair duties in specific circumstances. Rushing in to do work an owner or resident demands can be the wrong thing. So can overstepping an owner’s right to do the work themselves. November 6 Speaking of #damage to #condos, when it happens, what do you do? Here's a snippet from a flow chart we prepared back in around 2012 that shares some of the key questions to consider. [with flow chart] November 9 Although there are several types of #condo by-law that can be passed by the majority of owners at a meeting, most still have to be approved by the owners of a majority of the units (whether they attend the meeting or not). November 14 #Condo boards have 120 days after receiving a Reserve Fund Study to come up with their funding plan. Note: The *board* comes up with the plan. It needn't even (gasp) agree with the Study. (But there'd be some 'splainin' to do.) November 23 There are many ways of assigning #parking in #condominiums. They might be common elements, exclusive use areas or units. Don't rely solely on what you are told. Realtors and even owners don't always know. Read the #condo docs. (Ask your lawyer.) November 24 ...a meeting is a meeting is a meeting. Whether you call it a town hall or a get-together, any gathering of owners arranged by the board where business of the #condo is carried out in any way, is a meeting. Call it properly. Keep minutes. November 24 If you want to find our #condo related tweets under the "Did You Know" heading, you are actually better to search the secondary hashtag, #knowcondo. Yup, they should all be there too. Search #cklegal and you'll find even more of what we post. November 26 The #condo corporation's record of owners' names and addresses under s. 46.1 is to contain only the information that the owners themselves provide. Whether the record is complete or correct depends first on them, not the condo board or manager. November 27 Not every tool a #condo board has is a "hammer". In addition to indemnities |
charge-backs & liens, boards can also make agreements, hold meetings & negotiate settlements. I.e., talking together as a #community can help resolve many issues. November 30 Legal fees tend to be higher for inquiries that provide less information rather than more. As we have written, good faith reliance on lawyers includes giving them all relevant details so they can give you proper advice. [with link to article] December 2 (Especially for #condo managers.) A Notice of Lien under the #CondoAct has to be sent to *each* owner of the unit. It is not enough to send it to just the one you usually contact. Careful attention to detail can make or break #lien proceedings. December 3 There really isn't a strict rule against disclosing records relating to litigation or insurance investigations to requesting owners. #Condo boards have the option under the Act to disclose them. But we recommend you use it judiciously. December 7 #Condo occupancy standards by-laws can only reflect the standards that *already apply* to units. Their purpose is to give the condo authority to enforce those standards, not to impose new, more strict ones. For owners, compliance should be easy. December 8 A #condo director's job is not a cake walk. Even with the help of professionals, ultimately the proverbial buck stops with them. Despite (or underlying) s. 37 of the Act, their most significant duties are responsibility and accountability. December 10 There are #easements - rights to or over your property - that automatically exist in every #condominium? They allow for shared services, structural support, and even encroachment of one unit over another in some cases. (See s. 12 of the Act.) December 15 #Holiday #decorations are easy to regulate. They only require rules. (Unless someone needs to actually modify common elements for an extravagant installation. Then turn to section 98 of the Act!) Read more here, http://cklegal.ca/uploads/3/4/9/3/34934844/2015_holidaydecorations_mm.pdf December 22 Enacting a section 98 agreement benefits any #condo owner who wants to preserve the enjoyment and value of modifications they make to the property. No owner should resist the requirement for it. And remember: All its terms are negotiable. December 23 ...there are no kings in #condos. If you think the #condo can only be fixed by doing what you think should be done and everyone else is wrong... you might just be the problem. (You might also be right... but the attitude is still an issue.) December 30 You really do catch more flies with honey than vinegar. Dear #Condo boards (and some owners): Remember, kind words, generous intentions & reasonable actions make a better community and solve more problems than aggressive & litigious conduct. |
2021
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January 6
... under Ontario #condominium law there are legitimate and effective tools for unit owners to express discontent, and even to challenge elections. But, as in any valid democratic system, they only work if people appropriately use and value them. January 14 #Condominiums can be fined up to $10 million for failing to comply with orders under the @ONgov's #EmergencyDeclaration. #Condo directors and officers are also at risk of hefty fines or imprisonment. Govern yourself, as they say, accordingly. January 18 Though the installation of an #ElectricVehicle charging station could be a change to the common elements or assets of a #condominium, it is exempted from s. 97 & 98 of the Act in favour of more detailed requirements set out in the Regulations. January 20 ...new #condo unit owners can be elected to the board even before turnover? But only if the developer still owns a majority of units on the later of 30 days after sales of 20% of the units close & 90 days after the first closing. February 1 In a #condo, your home is *not* your castle. The #condominium has the clear right to demand your compliance and even enter your unit and exclusive use areas! See ss. 19 and 119 of the Act. And pending revisions to s. 19 only strengthen the case. February 4 It's true -- there's never a dull moment. If you've ever been on a #condo board, been a #condominium manager or a #condo lawyer, well, you just know that it's true. That's all for today. February 28 Transitioning from one #condominium board of directors to another should go this well. Keeping adequate records, including proper, complete and up-to-date minutes will help. So might staggered terms of office and, well, a cooperative approach. March 1 No, #condo common expenses don't have to be based on square footage; but, yes, they often are. There are several different ways to allocate common expense obligations in #condos. We wrote about this years ago, here. March 9 The Act, courts & CAT agree: A #condo must keep #records that are "adequate... to permit it to fulfil its duties and obligations." Vague? Maybe. But it might mean keeping more rather than less. If you aren't certain what to do, ask your lawyer. March 24 #Condo developers can delay all Critical (occupancy/closing) Dates in the case of an unavoidable delay (like #COVID19 lockdowns), but if they don't do it right, they might owe their purchasers compensation anyway. March 30 Even if your #condominium declaration deals with changes to the common elements, you still need to comply with s. 98 of the Act. Declaration provisions can enhance but do not supplant the provisions of the Act. April 6 The Condominium Authority of Ontario is *not* the province. It does not create #condo laws or regulations. Many times, people erroneously credit the #CAO for things the government has done (like the recent extension of the temporary suspension period). |