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

Despite the great weather we’re having this summer, there’s lots of court decisions and other news to report on.  Here's some of the best to ponder over while enjoying the Civic Holiday long weekend (or "Simcoe Day" for those of you celebrating in the City of Toronto).

ONHRT defers unit owner's human rights case pending completion of corporation’s Condo Act arbitration process: http://bit.ly/cBjTP6

Let the venting begin! Ontario Government launches condo owners' survey online: http://bit.ly/aIgO3N

ON Govt seeks input on proposed "new policy framework" for Tarion’s Major Structural Defect Warranty: http://bit.ly/bX6t5o

Visited Goderich land titles ofc during my G20 "escape." Only 7 condo corps in all Huron County. Not enuff work for me to relocate there :(

On my desk: Condo corp pays cost to remediate unit used as grow-op. If owner doesn't repay that cost, condo will lien, seize and sell unit.

Let the good times roll. NY Observer: We Officially Live in the Age of the Condo - http://bit.ly/dqIL44

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As the second part of our series of posts on new home warranty claims by condo corporations, we discuss why condos are better off seeking proper legal advice before making warranty claims for construction deficiencies.

Dealing with construction deficiencies is one of the largest and most critical tasks that the board of any new condominium must face in the first few years. It is therefore surprising to find that when it comes to dealing with construction deficiencies in the common elements of new condominiums, most condo boards simply start and follow the claims process under the Ontario New Home Warranty Plan (“Tarion”), a program that is notoriously ineffective, unresponsive and unsatisfactory when it comes to so many common issues faced by new condominiums.

Even more surprising is that condo boards often embark on the Tarion claims process without first asking the corporation’s lawyer to outline the pros and cons of proceeding with a claim to Tarion rather than commencing a lawsuit in court to recover damages for construction deficiencies. In fact, many corporations pursue much of the Tarion warranty claims process without the help of a lawyer at all, simply because it is not mandatory to use a lawyer for such cases.

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In addition to heat waves and holidays, this July brings important changes to coverage for new condominium projects under the Ontario New Home Warranty Plan, better known as Tarion. There is also news that additional changes to the warranty plan are being considered.

In this entry, we will cover new regulations now in force that affect the Tarion warranty. In a separate entry, we will discuss why condo corporations need to make better use of their lawyers when it comes to dealing with construction deficiency issues.

For the hat trick, our third entry on new home warranty coverage will feature Tarion’s call for submissions to their public consultation about the major structural defect warranty. Anyone wishing to get started on this topic now can get the details here. An August 12 deadline for submissions is looming.

Let’s start with the new regulations that are effective immediately.

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Here, for your early summer reading pleasure, are some of the most thought-provoking pieces from the condo law blogosphere last month. 

Community Needs Cosmetic Surgery -- Mike Inman of the Virginia Condo & HOA Blog suggests a good thought process for boards to follow in deciding whether and how to conduct renovations at their complex.

How to Effectively Run a Board Meeting -- Are you looking for a way to shorten those agonizing board meetings that go nowhere and don’t end?   Try some of the tips offered by Ashley Yorra of Vial Fortheringham and bring order to chaos.

Can Owners View Draft HOA Meeting Minutes? -- The answer is not cut and dry, according to this article on LeClairRyan’s Virginia Community Association Law Blog.

When the Board Should Really Call the Association Attorney – Part I --In a two part series, Donna Berger provides helpful examples about when to call the lawyers. Part II is here.   Don’t be penny wise and pound foolish!

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