News & Analysis as of

Nonresidential Condominium Bill Becomes Law

Last week Governor Rick Scott signed into law SB 440, which became Chapter 2014-14 of Florida Laws. This bill removes the requirements imposed on residential condominiums under the Florida Condominium Act regarding elections...more

Condo Smoking Complaints

How far should the board go in accommodating unit owner complaints about smoking? In the case of Sharon MacKay v. Metropolitan Toronto Condominium Corp.2014, cigar smoke penetrated from one unit to the next and became...more

An Overview of Condominium Amalgamation

What is “Amalgamation”? It is a consolidation, joining, union or marriage of two or more parties. For condominiums, it means merging two or more similarly built and managed condominium corporations so that it becomes one...more

Editorial: A Relief For Florida Commercial Condos

Most provisions in the Florida Condominium Act (Chapter 718 of Florida Statutes) apply equally to residential and commercial condominiums. But anyone attempting to draft operating procedures for commercial condominiums can be...more

Pest Control In Condo Units

Many of us have had experience with unit owners who refuse to provide access to their unit for pest control. We have dealt with unit owners who raise issues with respect to the type of pesticide that is being used. In...more

The Condominium Form Of Ownership For Physician Practices

When we hear the word “condominium” or “condo” we typically think of a place to stay while on vacation or an apartment-style home in a densely-populated urban area. However, the condominium form of ownership can be a very...more

The Condominium Corporation and the Developer Board

Upon the registration of a condominium plan at Land Titles (or the first phase of a condominium plan in the case of a phased development), a condominium corporation is created. The condominium corporation is the vehicle by...more

Allocation Of Common Expense Payments By Condominium Corporations

Most condominium owners pay their monthly common expenses by way of pre-authorized payments. The question that frequently arises is whether these payments can be allocated by the condominium corporation to other unpaid...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

What is a Reserve Fund Study?

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

Condo Owners Forced Out By Fire

A recent article in the Toronto Star, Marco Chown Oved reported that residents of a condo building that caught on fire a few weeks ago will be out of their units for several months before the fire-damaged generator can be...more

Special Assessments : The Board Has The Last Word

One of our previous posts stressed the importance for condominium corporations to keep a healthy reserve fund. However, sometimes a board of directors has no choice but to levy a special assessment in order to proceed with...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

Noise Complaints In Condos : The Perils Of Failing To Enforce Condo Rules

Property managers and condominium corporations should take noise complaints seriously or risk facing serious financial consequences. In a recent case, a condominium corporation that failed to enforce its rules prohibiting...more

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