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

As the deterioration of society supposedly continues and with municipal election season rapidly approaching (with its related canvassing), the temptation to physically remove unwanted visitors at your condo building is probably reaching its peak.

While condominiums are increasingly viewed as a secure sanctuary from the outside world, protected by heavy doors, security and staff, a recent decision of the Ontario Superior Court of Justice sends a warning about manhandling unwelcome guests.

At issue in the case of Jia v. TSCC 1479 is an ugly assault and battery perpetrated by a condominium superintendent against a visitor.  The case offers a number of important lessons for condo boards and managers.

Some of the highlights of the judge’s decision-making process and her findings are set out below. The paragraph numbers are as they appear in the court’s written decision. At the end, we offer some suggestions to help keep your condo out of danger.

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As we approach our 2nd anniversary of blogging the latest condo news, insight and legal analysis, we'd like to thank all of you for following our blog and for submitting your comments and feedback.   We love to hear from you about what topics you want to read about, how we can make our content more useful to you, and to get your two cents about condo law.  As long as you folks in condo land keep reading, we'll keep writing!

Here's to the next two years.

Chris Jaglowitz, editor-in-chief

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One overlooked but painful way in which the HST adversely affects condominium corporations is the fact that the maximum fee to issue a status certificate is fixed by law at $100 taxes included.

This fixed fee is set out in section 18(2) of O. Reg. 48/01 under the Condominium Act, 1998 which provides as follows:

The fee that a corporation may charge for providing a status certificate, including all material that is required to be included in it, shall not exceed $100, inclusive of all applicable taxes.

So how does this shake down in terms of dollars and cents?

A status certificate issued on June 30, 2010 that was subject to 5% GST would net the condo corporation $95.24.

That same certificate issued on or after July 1, 2010 that is now subject to 13% HST would net the condo corporation about $88.50, a difference of $6.74 from before July 1.

There’s no question that the cost of preparing a status certificate has not become less expensive, so it’s equally clear that condo corporations are obliged to suck up the difference. This can be painful for larger corporations that issue many dozen status certificates each year.

This regulation has not been amended to account for the introduction of the HST and its operation is unfair. A change is required immediately unless the Ministry of Finance wants to create another cockameme rebate program, this time to provide every condominium corporation in Ontario with a small rebate to make up a small fraction of the actual loss incurred on each and every status certificate issued.

My suggestion: In section 18(2) of O.Reg. 48/01 (above), replace the word "inclusive" with "exclusive." The change could be made in as little as 30 days if people in power put their minds to it. Seeing as how this amendment would actually increase tax revenue, it's astonishing why this has not already been done.

That aside, we’re almost two months into life after HST. How’s it working out for your condo corporation so far?

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Despite the hot weather and summer holidays, there was still some dynamite stuff in the blogosphere. Here are our picks for some of the best. 

Dispute Resolution Procedures for Condos & HOAs -- Lisa Magill of the Florida Condo & HOA Law Blog shares some tips to help turn common homeowner frowns upside down. J

The Potential for Huge Liability and Murphy’s Law -- Batten down the hatches! With natural and man-made disasters abound, the Community Associations Considerations Blog reminds us that not being prepared for the worst is not being prepared at all.

Failing To Obtain Regular Appraisals Can Hurt Associations After A Large Loss -- Florida lawyer Corey Harris observes that too many condominiums fail to regularly update their insurance appraisals.   Ontario condos should take heed – your pre-July 2010 appraisal is now 8% too low thanks to HST.

Down Economy Exacerbates Strife Within Community Associations -- Although lawyers can't reduce the economic difficulty facing homeowner associations and condos, Daniel Zimberoff at the Northwest HOA and Condo Law Blog has tips to help avoid unnecessary conflict within homeowner communities during tough times.

The Law of Insubordination -- Not sure when employee insubordination amounts to just cause for dismissal? Toronto labour and employment lawyer Michael Fitzgibbon summarizes the state of the law in this sometimes vexing legal area.  

How Does Subrogation Work? -- Chicago construction lawyer Joshua Glazov takes a crack at the answer and offers examples in both the insurance context and the construction financing setting.

The Condo Pre-Delivery Inspection (PDI): What to Expect & Tips -- The bloggers at livehigh.com remind us that doing a proper PDI requires more than just checking if the unit has four walls, ceiling and floor. Take your time and be thorough!

Did we miss anything?  Let us know by submitting a comment below.

Happy Friday the 13^th.  Tell your building super not to walk under any ladders and remind owners to lock up their black cats for the day.

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