News & Analysis as of

Another Difficult Condominium Resident

In a recent post, we blogged about an owner who had engaged in inappropriate and abusive behaviour. In another recently-reported case, Wentworth Condo Corp. No. 34 v. Brendan Taylor and Samantha Jones, we see another...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending January 24, 2014

I. FLORIDA STATE CASES – JOURDAN HAYNES - - Condominiums: given ambiguity in Condominium Act’s escrow requirements (Fla. Stat. § 718.202) and fact that willful violation of same by developer carried criminal penalties,...more

Expansion of Declarant Control Period and Warranty Review Committee

Pursuant to amendments to Sections 55-79.74 and 55-79.79 of the Virginia Condominium Act, the declarant control period may be extended for up to 15 years from the earlier of settlement of the first unit or after conveyance of...more

Editorial: Fla.'s 'Safe Harbor' Most Litigators Are Not Familiar With

First mortgage lenders acquiring title to collateral consisting of condominium units or homes in a homeowners community are afforded protection against assessment liability under both the Florida Condominium Act (Chapter 718...more

Statutory Protections and Negotiated Protections for Condominium Unit Buyers

With more and more condominiums being purchased each year, it is important for potential purchasers to consider the protections available to them. In addition to the protections set out in the agreement of purchase and sale...more

Condominium Act 2014? Manager Licensing

The sensational stories in the news over the past few years, about condominium corporations left with depleted reserve funds as a result of fraud by condo managers, has now piqued the government’s and public’s interest in the...more

Condominium Act Update On Stage Two Recommendations – Governance

The Stage 2 Solutions Report on the Condominium Act review (the “Report”) identifies five key areas for improvement relating to condo governance. The key areas and recommendations are summarized below...more

Condominium Act 2014? Update On Stage Two Recommendations On Consumer Protection

As we noted in our previous blog, the Stage Two Solutions Report on the Condominium Act Review (the “Report”) focused on five major areas where it was noted that changes are recommended. One of these areas is consumer...more

Manufacturers May Be Exempt From Liability Under the Condominium Act

In a recent decision, the Fourth District Court of Appeal of Florida strictly construed the terminology of the Condominium Act in favor of material manufacturers. See Port Marina Condo. Assoc., Inc. v. Roof Svcs., Inc., --...more

Stage Two Report On Condominium Act Review Now Available

The following news was just released today about Stage Two of the Ontario Government’s Condominium Act Review. “Canada’s Public Policy Forum (PPF) today released a solutions report in support of Ontario’s Condominium...more

Condominium Liable For Failing To Provide A Parking Space To A Person With A Disability

We have previously written about the obligations the Ontario Human Rights Code places on condominium corporations....more

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. ...more

Unsuccessful Lawsuit By Condo Owner - The Cost Implications

In a previous blog, we reported on a case, Harvey v. Elgin Condominium Corporation No. 3, where an unhappy unit owner sued the Corporation for various alleged infractions relating to the replacement of existing wooden decks,...more

Condominium And Homeowners Bills Enacted By The 2013 Florida Legislature

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

Registration Of Condominium Liens - Time Is Of The Essence

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

Was Your Condo Reserve Fund Study Prepared By A Qualified Professional?

Can anyone do a Reserve Fund Study? Yes if you are a Strata Corporation in B.C. and no if you are a condominium corporation in Ontario....more

Pets in Condominiums

While many condominium corporations allow pets in the condominium, pet owners who fail to familiarize themselves with the condominium’s restrictions on pets, or who blatantly ignore these restrictions, do so at the risk of...more

Introduction to Condominiums

Condominiums have become increasingly popular in recent years among all age groups, including younger first time buyers and empty nesters. A condominium is actually a legal definition that refers to a method of ownership, not...more

Update On The Condominium Act Review Process

Canada’s Public Policy Forum released its report to the Ontario Ministry of Consumer Services containing findings from Stage One of the Government’s Condominium Act review process. Stage One of the three-stage review process...more

Condominium Case Review for 2012

As we’re quickly approaching a new year, we’ve taken a look back at the condominium cases that were reported in 2012. As usual, its been an interesting year and for many on the losing side of these court decisions (and...more

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