Ontario Condo Law Blog : Toronto Condominium Lawyer & Attorney : Gardiner Miller Arnold Law Firm : Ontario, Ottawa, Hamilton, Kitchener

A June 2009 decision of the Ontario Human Rights Tribunal offers useful guidance about who is responsible for the cost of making exclusive use common elements accessible for persons with physical disabilities.

In McMillan v. Bruce Condominium Corp. No. 6, the condo complex consisted of 32 one-story detached townhouses. The balconies, yards and entrances to the units were designated in the declaration as exclusive use common elements, which is typical of such communities.

The entrances to the units were built with two exterior wooden steps extending from the landings at the front and rear of each townhouse. The landings were built with railings but the steps were not.

Over time, a unit owner developed mobility problems and became unable to enter the unit safely without assistance. The owner consequently asked the Board to install hand railings on the steps at both entrances to the unit.

The Board responded by giving the owner permission to install the railings at her cost. The owner took the position that the corporation was responsible for the cost and was obliged to accommodate her physical disability by installing the railing itself. The owner then complained to the Ontario Human Rights Tribunal that the corporation had contravened the Human Rights Code by failing to install the requested railings.

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Toronto lawyer and Tarion director Bob Aaron says that toxic Chinese drywall "may become the biggest environmental crisis to hit North American homeowners and builders in decades."

The defective drywall is decidedly carcinogenic and may be radioactive. This product emits noxious sulfuric gases that can damage HVAC components and corrode electrical wiring inside of walls. Not surprisingly, these gases pose a serious threat to human health and can render affected homes uninhabitable. Any home owner or condominium corporation faced with Chinese drywall in their home or building faces a daunting challenge and must consult quickly with engineering, health and legal experts.

Thankfully, relatively little of this defective product was imported into Canada and only a tiny portion may have found its way to Ontario. No significant cases have yet been reported in Ontario.

In contrast, the problem is quite widespread in the Southern U.S. and has spread north, generating a large-scale response by lawmakers, consumer protection watchdogs and construction litigation attorneys. Protective laws are being passed and multiple class action lawsuits are already underway.

Considerable information on the topic is available in the blogosphere, particularly by American construction law attorneys. An entire section is devoted to Chinese drywall at The Construction Litigation Blog of Stark & Stark in New Jersey and a Chinese Drywall Blog was recently launched by Wolfe Law Group of Louisiana and Washington states. Both are good resources.

We'll be watching for local developments. Post a comment below with any news or tips you may have.

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Readers keen on comparing Canadian and American condominium law should take note of a significant development south of the border, recently reported by attorney Mark Payne at Colorado HOA Law Blog.

In February 2009, the American Bar Association approved the Uniform Law Commission's proposed amendments to the Uniform Common Interest Ownership Act ("UCIOA").  This model law covers all aspects of common interest ownership and, as with all uniform model laws, was prepared by a national body of lawyers and stakeholders who then recommended its use in all American states. Each state may then choose whether to implement all, some or none of the model law, but model laws are commonly used in brainstorming and customizing new laws.

This set of amendments to UCIOA is the product of four years' work and is only the third revision of this model law that first emerged in 1982 as a combination of the Uniform Condominium Act (1980), Uniform Planned Community Act (1980), and the Model Real Estate Cooperatives Act (1981).   With the third set of amendments, the model law is now known colloquially as "UCIOA 3.0."  

UCIOA 3.0 contains prefatory notes that outline the history of the development of this model law and describe the effect of amendments made since the original law was adopted in 1982. 

In addition to numerous amendments dealing with owner/association issues, new features of UCIOA 3.0 provide:

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Condo unit owners and directors are often uninformed about their rights and responsibilities or about how condos work. This is largely due to a lack of comprehensive information online to address basic condo concepts.

A new website may help fill that void.

The Condo Information Centre (found at www.condoinformation.ca) was launched on June 30, 2009 by Anne-Marie Ambert, a retired university professor and condo director, who offers her knowledge of how condos work. Her site offers an impressive digest of original text and commentary on a number of topics, including:

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