Condominiums

Unsuccessful Law Suit By Condo Owner

by Barbara Holmes | Heenan Blaikie LLP on 5/14/2013

In the case of Harvey v. Elgin Condominium Corporation No. 3 an unhappy condo owner sued the condominium corporation, claiming that the corporation undertook work that constituted a substantial change without proper...more

Condominium And Homeowners Bills Enacted By The 2013 Florida Legislature

by Martin Schwartz | Bilzin Sumberg Baena Price & Axelrod LLP on 5/14/2013

HB 73- Omnibus Legislation - This bill containing 74 pages is a "stripped down" version of a bill which passed the House last year but failed to obtain Senate approval. It contains a potpourri of changes to the...more

Second Circuit ILSA decision follows CFPB position

by Barbara S. Mishkin | Ballard Spahr LLP on 5/8/2013

The decision of the U.S. Court of Appeals for the Second Circuit in Berlin v. Renaissance Rental Partners, LLC issued on May 6 represents a win for the CFPB’s amicus program. At the court’s invitation, the CFPB filed a letter...more

Registration Of Condominium Liens - Time Is Of The Essence

by Barbara Holmes | Heenan Blaikie LLP on 5/8/2013

In a recent case, YCC No. 82 v. Bujold, the Court of Appeal considered the interpretation of Section 85 of the Condominium Act (the “Act”) and, in particular, the timing requirements under the Act relating to notice of the...more

Court Of Appeal Makes Condominium Association Foreclosures More Costly

by Scott Wagner | Bilzin Sumberg Baena Price & Axelrod LLP on 5/6/2013

The Third District Court of Appeal recently issued an opinion that is a game changer for third-party purchasers of condominium units at foreclosure sales. The Third District’s opinion in Aventura Management, LLC v. Spiaggia...more

Sales Of Condominium Units Under Audit By Canada Revenue Agency

by Ken Whitelaw | Dentons on 5/2/2013

A Canada Revenue Agency (“CRA”) audit initiative is targeting taxpayers who have recently sold condominium units they did not occupy or occupied for only a short period of time (the “CRA Condo Project”)....more

Mississippi Court Holds D&O Policy Not Triggered By Real Estate Scheme

by Traub Lieberman Straus & Shrewsberry LLP on 4/26/2013

In its recent decision in State Farm Fire & Cas. Co. v. Anderson, 2013 U.S. Dist. LEXIS 57837 (S.D. Miss. Apr. 23, 2013), the United States District Court for the Southern District of Mississippi had occasion to consider...more

Condominium Sales Could Lead To Large Tax Bills

by Keir Wilmut | Heenan Blaikie LLP on 4/24/2013

If you sold a condominium in Canada’s booming housing market, don’t count your profit just yet – the Canada Revenue Agency could soon be knocking on your door with a large tax bill....more

How to run a condominium meeting

by Matthew J. Wilson | Lerners LLP on 4/23/2013

Are you the Director of a Condo Association or Condo Board? Efficiently and effectively running a Board Meeting can be harder than it sounds. To ensure you are making the most of everyone’s time, follow these easy tips. As...more

Illinois Supreme Court to Decide Condominium Dispute on Thursday

by Kirk Jenkins | Sedgwick LLP on 4/23/2013

The Illinois Supreme Court just announced that on Thursday morning, it will file its opinion in Palm v. 2800 Lake Shore Drive Condominium Association, a dispute over an owner’s right to compel the production of documents by...more

What is a Reserve Fund Study?

by Matthew J. Wilson | Lerners LLP on 4/19/2013

A reserve fund is a separate fund that is maintained by the condominium corporation. The reserve fund is funded by condominium owners, and is used to pay for the major repair and replacement of common elements and assets of...more

Can Police Enter Condominium Common Elements Without A Search Warrant?

by Barbara Holmes | Heenan Blaikie LLP on 4/17/2013

As reported in the Ottawa Citizen, in a recent drug trafficking case the Ontario Superior Court considered whether the police could enter, without a search warrant, the common elements of the condominium building in which the...more

Luxury Real Estate Buyers Seek Waterfront Properties

by Schecter Law on 4/17/2013

South Florida is a top luxury real estate market. The Sun-Sentinel reported that last year Broward County posted 464 sales of homes and condos valued at $1 million or more and Palm Beach County had 791 sales of $1...more

Drowning in a Sea of Tort: The Florida Supreme Court Reels in the Economic Loss Rule

by April Boyer, Stephanie Moot | K&L Gates LLP on 4/10/2013

On March 7, 2013, the Florida Supreme Court in Tiara Condominium Assoc., Inc. v. Marsh & McLennan Companies, Inc. expressly limited the application of the economic loss rule to products liability cases. 2013 WL 828003 (Fla....more

CFPB files amicus brief in Second Circuit ILSA case

by Sarah Reise | Ballard Spahr LLP on 4/2/2013

On March 12, 2013, the CFPB filed a new amicus brief supporting the consumer/appellee’s position that the Interstate Land Sales Full Disclosure Act (ILSA) applies to condominium units, even where the unit does not also...more

Pigs In Condominiums?!?

by Keir Wilmut | Heenan Blaikie LLP on 3/28/2013

We have written numerous times on this blog about pets in condominiums – pet provisions in Declarations, enforcement of pet rules, nuisance pets, numerous pet evictions, and more. We’ve even run a popular seminar titled...more

Bug Infestations In Condominiums

by Keir Wilmut | Heenan Blaikie LLP on 3/25/2013

Dealing with neighbors can be a frustrating aspect of condominium living – but what if your neighbors are tens of thousands of tiny bugs?...more

Condo Alert: Assessment Appeal Deadline - April 1, 2013 - Don't Miss It!

by Jason Rivait | Heenan Blaikie LLP on 3/20/2013

Has your Corporation filed a request for reconsideration for the common amenity service unit(s) in your building (i.e. guest, superintendent, recreational units and other units owned by the Corporation that provide services...more

Condo Alert: Sheave Jammer Settlement Funds -- March 29th, 2013 Deadline

by Rod Escayola, Barbara Holmes, Denise Lash | Heenan Blaikie LLP on 3/19/2013

In 2006, the Technical Standards and Safety Authority (TSSA) ordered that all elevator sheave jammers manufactured or installed by ThyssenKrupp be replaced. Many Condominium Corporations were affected by this order and had to...more

Challenging The Condominium Association That Tried To Ban Judaism At The Door

by The Law Offices of Tacopina Seigel and... on 3/18/2013

This past April a Connecticut condominium association reversed its decision to prohibit Mezuzahs on the doorposts of residents' apartments. A Mezuzah is a Jewish religious article in the shape of a small rectangle, which...more

Directors Found To Be In Contempt Of A Court Order

by Rod Escayola | Heenan Blaikie LLP on 3/18/2013

In a previous post, we reported on the Boily v. CCC 145 case, where a board of directors was ordered to reinstate the prior landscape of the condominium courtyard and to personally pay a substantial portion of the legal...more

Are Live-In Caregivers Permitted In Single-Family Condo Units?

by Barbara Holmes, Nicole Taylor-Smith | Heenan Blaikie LLP on 3/15/2013

The Alberta Court recently considered whether having a live-in caregiver constituted a violation of a condominium’s By-laws that prohibited roomers and boarders and any use of a residential unit other than as a single-family...more

How To: Remove Unclaimed Property (And Increase Condo Bicycle Parking)

by Heenan Blaikie LLP on 3/12/2013

It’s move-in day to your first downtown condo. As an avid cyclist, you’re excited to be steps from Toronto’s bike lanes and paths. Your excitement quickly fades when you learn that all your condo’s bike racks are occupied and...more

Luxury Condominium At The Berlin Wall

by Barbara Holmes | Heenan Blaikie LLP on 3/6/2013

It was recently reported that protesters prevented construction workers from removing one of the last remaining sections of the Berlin Wall to accommodate a new road to be built as part of the development of a luxury...more

Dominatrix Dungeon In Residential Condo

by Barbara Holmes | Heenan Blaikie LLP on 3/5/2013

We expect that some residents were shocked to read a recent article in the Toronto Star that reported that one of the residents in their condominium was operating a dominatrix dungeon from her unit. ...more

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