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

Given that the Ontario government predicts an astonishing 46% increase in electricity rates over the next five years, with the first spike having been approved just this week, some might question the wisdom of legislating an arbitrary 10% rebate on electricity rates for the next 5 years.  Some people might call that rebate a shameless vote-buying device. Some might call it penance for imposing HST on electricity rates.  Some might call it looking at the world through rose-coloured glasses.

No matter how you view the Ontario Clean Energy Benefit, we're interested to see whether it will provide any financial benefit to condominium corporations and their unit owners, or whether this is another case of condominium folks being left in the dark.   We hope it's the former.

Please answer our poll and tell us what you think.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The winter edition of our quarterly newsletter is now available online.

Special features in this edition include:

• Top 10 condo law cases of 2010
• Benefits of a condo privacy policy
• The coolest condo-related Worldle you've ever seen!

The printed version of this publication has the handy added feature of combustion, which might help keep readers warm during this cold spell.  Our lawyers ask us to remind you to please be sure to drop the hardcopy shortly after lighting.

Luckily, it won't be long now until spring according to the customary gang of revered varmints across Canada.  Stay warm in the meantime!

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Here's a special update from Bob Gardiner on a significant ruling that should be carefully considered by any condo corporation that owns any common amenities in the form of units, whether superintendents suites, parking units or other facilities. Affected condos should get legal advice about filing a Request for Reconsideration with MPAC by the deadline of  March 31, 2011.

*********

In a recent decision, the Assessment Review Board (“ARB”) reduced an assessment by the Municipal Property Assessment Corporation (“MPAC”) of a condominium recreation centre from $1,740,000 to $1. The case will likely have far-reaching implications for many condominium corporations’ unit owners who have suffered double taxation with respect to their corporation-owned guest, superintendent, recreation, gatehouse and other types of units.

• Email This
• Print
• Comments (2)
• Trackbacks
• Share Link

Our first collection of microblog entries for 2011 has plenty of great stuff to peruse leisurely while waiting for the snow to melt.

Those of you following along on Twitter might like to start watching for and using the following hashtags recently devised by some of the North American condo and HOA legal tweeters to help earmark pieces of special interest:

#condoHOAlaw for condo and HOA legal tidbits

#condoHOAmgt for condo and HOA management items

#condoHOA for general condo and HOA pieces

Hat tip (“H/T”) to Donna Berger (@CondoandHOALaw) for spearheading the search for the perfect hashtags!

Court/Tribunal Cases

BCCA: Condo owners can use Roberts Rules where legislation and bylaws do not provide general meeting procedures. http://ow.ly/3sfLB (RT @VPFranco) 

ONSC remains reluctant to intervene in internal affairs of non-profit organizations http://bit.ly/gN42pI. Good to see.

ONSC denies leave to appeal OMB decision allowing condo development that will forever change view of Ont. legislature: http://bit.ly/gkeo62

ONSC upholds condo lien for repair costs, orders removal of door locks, eviction of non-related tenants, costs of $41K: http://bit.ly/hZ5e89

Another condo asleep at the switch when Ont. Human Rights Tribunal comes knocking: Wake up, Simcoe Std Condo Corp 338: http://bit.ly/hyyOc4

HRTO decision: Condo board didn’t abide by settlement and provide human rights training. $1000 damages.  http://bit.ly/eABTjk

ONSC: Property manager liable for breach of trust and theft of condo corporation’s money. Claim vs. bank dismissed. http://bit.ly/fzsAbn

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A recent Toronto Star article by environment columnist Peter Gorrie kicks off in earnest the debate over retrofitting older condo buildings to allow residents to charge electric vehicles on site. Very few condominiums currently provide electrical hookups in their garage, which will be problematic if and when electric cars ever become popular.

Gorrie’s article focuses on his condo board’s explanation why electricity cannot be provided to the parking units other obvious problems with the concept of charging electric vehicles in condos. A number of options are raised together with the relative popularity of each. The article presents a good starting point to help get people thinking about this issue seriously.

Gorrie begins by making some common but incorrect assumptions that are worth correcting in order to provide condo directors and unit owners with the proper legal context needed to debate this topic intelligently.

• Email This
• Print
• Comments (2)
• Trackbacks
• Share Link