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

With autumn now underway, Annual General Meeting (“AGM”) season is upon us.  I'm often asked to chair my condominium clients’ AGMs and I look forward to meeting face-to-face with the boards, owners and managers I've worked with during the year, mostly by phone, email or letter.  

More than that, I especially enjoy being part of a meeting where members of a condominium with difficulties band together to overcome those problems and move forward as a more united community.  Those experiences are among the most personally rewarding in my line of work.

Aside from the social call, it's often useful for condos to ask their lawyer to be chair of the AGM because many directors are not comfortable with public speaking or may not know how to navigate the procedural pitfalls that may arise.   Further, having an objective person at the helm can diffuse much of the tension that typically arises and gives greater sense of confidence and fair play to everyone present, particularly if there is a hotly contested election or vote on an issue. 

Not everyone feels that way, however, and if this year is like every other year, I will probably be asked the following question at one or more of the meetings where I'm the chairperson:

“You’re the condo corporation’s lawyer and you’re paid from our common expenses, so don’t you act for us owners?”

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As of January 1, 2010, the maximum amount that can be claimed in an action in the Small Claims Court in Ontario will increase from $10,000 to $25,000.

This change, which we first reported here in December 2008, is intended to provide a faster and more affordable option for bringing civil disputes to court. The cost of filing a claim or other documents in Small Claims Court is relatively low, the rules of that court are less complex and the process is normally much simpler and often quicker than in the Superior Court of Justice. Legal fees for small claims proceedings are typically much lower as a result.

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The following guest entry by property manager and condo consultant Robert Buckler, RCM offers tips to property managers for dealing with the new ban on hand-held communication devices while driving. 

I can only add:  "Keep your eyes on the road and your hands upon the wheel!"

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Effective condominium managers spend more time communicating than in any other activity. They communicate by talking to board members, colleagues within the condominium management company, vendors, contractors, owners, potential services providers… the list goes on. Since condominium managers are often on the road, traveling between sites and the office or stuck in traffic, many of these conversations may take place on a cell phone, BlackBerry® or other mobile device.

As of October 26, 2009, Bill 118, a new law amending Ontario's Highway Traffic Act, comes into force. The legislation bans driving while holding or using a handheld wireless device of any kind, including devices used not just for voice conversations, but also texting, emailing, and even viewing the screen of a handheld GPS device.

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The City of Toronto is selling off a dozen condominium units recently seized for tax arrears.

Units up for grab include:

• 1 parking unit at MTCC 731 (71 Front St. E.)
• 7 locker units and 3 parking units at MTCC 713 (188 Spadina Ave.)
• 2 commercial units at MTCC 1098 (4465 Sheppard Ave. E.)

Particulars of the units and terms and conditions of the sale are set out on the Sale of Land Notice here.   Tenders must be submitted by November 13, 2009.

Get 'em while they're hot, but buyer beware -- Tax sales are fraught with risks, especially for condo units.  Potential purchasers should get help from a condominium law professional in conducting the necessary due diligence prior to submitting a tender. 

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Daily Commercial News reports on a trend emerging in response to the deteriorating physical and financial condition of older condominiums -- "lender tenders."

The article cites a report by GRG Building Consultants showing that condominiums built in the 1970s are in worse shape today in terms of their building envelope and structure compared to complexes built in the 1980s and 90s. Moreover, increasingly stringent reserve fund requirements in the Condominium Act since the 1980s have created a financial gap between condominiums built in the 1970s and those constructed afterwards. The 1970s condominiums are less likely to have a properly-funded reserve to pay for major repair and replacement of the common elements than condominiums constructed since then.

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In his regular real estate column in the Toronto Star, lawyer Bob Aaron recently reminded condo buyers to carefully review status certificates and watch out for certain common situations where the facts stated on the status certificate issued by the condominium corporation may not match reality.

One of those frequent pesky issues is parking and locker units that are numbered differently than their legal description. Mr. Aaron’s example is a parking unit marked in paint as number 99 but which is legally described on the deed as “Unit 53, Level A.”

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Here are some of the many interesting condo-related items from around the blogosphere last month.  Click the bolded titles to view the original entries.

Virginia homeowner may lose home because of failure to fund reserves – The HOA Legi-Slate blog of law firm HindmanSanchez in Colorado cites a heart-wrenching story of a condo board’s failure to properly fund its reserve leading to a special assessment of $15,000 per unit in order to raise the $2 million needed for emergency repairs. A recently laid-off unit owner stands to lose her home as a result. This piece contains helpful lessons for board members and for unit owners, who should remember that this scenario can easily happen anywhere, especially when directors are elected on the ever-popular (but foolish) "zero increase" platform.

How to pick the right attorney for your community – Florida HOA attorney and blogger Donna Berger gives some pointers on choosing lawyers that will best serve your community association. I say (with tongue-in-cheek) to select the firm with the best condo law blog!

Alzheimer’s Advance: 115-million by 2050 – Toronto trusts and estates lawyers Hull & Hull discuss a recent report pointing to an imminent explosion in Alzheimer’s cases around the world. Start asking how this trend will impact your condo and what you should do to prepare. Consider asking a local estates lawyer to give an info session to your residents on the importance of having their personal care affairs in order.

Illinois Manager Licensing FAQ – Ungated, the blog of the Community Associations Institute, reports that law has now passed regulating the property management profession in Illinois starting in January 2010. An FAQ page is presented. 

Aging in Place: A New Plan for the Suburbs? – In a rather futuristic piece, California lawyer Tyler Berding predicts the coming end of suburban neighbourhoods as we know them and suggests that aging condominiums and their residents may become the building blocks for a new way of living.

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