Microblog posts to 2/24/2010

There were lots of newsy condo-related stories in the past month that we tweeted on our microblog.   Here are some of them:

ONCA: City was grossly negligent to wait 34 hrs before salting icy sidewalks; ordered to pay $280K in slip and fall - http://url4.eu/1FAAq

BC Strata Property Act amendments now in force - http://bit.ly/aKYYyy

Way to go, #Toronto! City goes to bat for neighbours of cement plant (via Saxe Envirolaw blog) - http://bit.ly/aBEE48

OEB: Toronto Hydro breached Electricity Act by refusing to connect service to the bulk meters at new condos - http://bit.ly/akzGYV

OEB issues compliance order against Toronto Hydro to ensure new condos have choice of smart meter suppliers - http://bit.ly/b145eU

Daily Commercial News: CCDC 2-1994 contract seals being recalled, will be replaced free of charge - http://bit.ly/btTnIP

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Microblog posts to 1/26/2010

Here is a sampling of the recent posts on our microblog:

Lincoln Hobbs on this years' top condo/HOA cases at US College of Community Ass'n Lawyers ' annual law conference - http://bit.ly/7gPi6n

RT @canetwork: NY: Condo complex fined $10,000 for barring mezuzah - http://bit.ly/8NhaGi

RT @CondoVultures: Banks seize 30,000 South Florida properties In 2009, according to CondoVultures.com - http://tinyurl.com/yzg4bsg

Audrey Loeb speaks to Law Times about recent ONCA decision in “hot tub case” known as WCC 198 v McMahon - http://bit.ly/6qrZAK

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Microblog posts to 12/27/09

Here are some of the postings from our microblog over the past month.

RT @Assocpropmgt: Ancient Homeowner Association Rules from Smithsonian Magazine - http://bit.ly/4LGNGE

Innisfil (Ont) Journal: Big Bay Point Resort seeks conversion to special act corp; more “flexible” than condo corp - http://bit.ly/8S33sA

RT @habitatmag: Co-op / Condo Boards: An expert reveals: The Top 15 Mistakes New Board Members Make - http://tinyurl.com/yhye4dx

RT @ColoradoHOAGal: RT @tedleew: "Top 7 insane homeowners association rules - THE WEEK" http://j.mp/4wLhnD

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My nominations for 2009 Clawbies

Nominations are being accepted for the 2009 Canadian Law Blog Awards (or “Clawbies”). These awards recognize the excellent work of legal professionals who share their insight and expertise with the world through a blog.

Details about the awards and the nomination process can be found here.

Here are my nominations for this year:

Continue Reading...

Introducing our microblog

Follow chrisjaglowitz on TwitterI've been using Twitter for the last few months as a way to quickly and easily share news I find in the news or blogosphere by posting a "tweet."   I can also  "re-tweet" interesting items posted in the media or by other condo or legal professionals.   

With a maximum limit of 140 characters per tweet, one has to choose words carefully, abbreviate where possible and, above all, be brief.  Each tweet will typically contain a single thought or concept.   This gives rise to the term "microblogging" which is discussed in Wikipedia here.

From time to time, I'll republish some of my microblog posts or "tweets" here on our main blog for you to enjoy.   These tweets will frequently contain links to other blogs or newspaper websites where you can read more details about the story, so be sure to click those links.  

We hope you enjoy this new feature.   Comments and newsflashes are always welcome.

Here are some of the recent microblog posts:

Continue Reading...

Papers from ACMO Legal Grab Bag Luncheon

Here are the papers from the ACMO Legal Grab Bag luncheon held November 27, 2009.   

Click the bolded names of the authors to view the papers in PDF.   To save the files, right-click on the bolded names and "save as" onto your computer.

David Di Lella of Horlick Levitt on what constitutes an “addition, alteration or improvement.”

Marko Djurdjevac of Deacon, Spears, Fedson & Montizambert on altering common elements to accommodate persons with disabilities.

Karen Kisiel on the latest oppression remedy case.

Kevin Inwood of Heenan Blaikie on preventing workplace harassment and violence.

Michael Pascu of Fine & Deo on how to enforce the declaration and rules in tenancy situations.

You can download all of these papers in a single ZIP file here.

Thanks again to all of the speakers for taking the time to make such excellent presentations and to prepare these helpful papers.  

From all of us on the panel, thanks to everyone who came out today!   Contact any of us if we can be of help to you.

All-star condo law panel this Friday at ACMO luncheon

Condo managers who missed the legal expert panel at the Annual Condo Conference earlier this month can get their annual quota of condo law news at the ACMO "legal grab bag" luncheon this Friday, November 27, 2009 at Richmond Hill Country Club. 

I will have the great pleasure of moderating this all-star panel of up and coming condo lawyers:

  • Marko Djurdjevac of Deacon, Spears, Fedson & Montizambert
  • David Di Lella of Horlick Levitt
  • Kevin Inwood of Heenan Blaikie
  • Karen Kisiel of Kisiel Law Office
  • Michael Pascu of Fine & Deo

We will be covering a wide range of topics, including:  

  • Human Rights
  • Occupational Health & Safety
  • Oppression Remedy
  • Alterations to common elements

We're saving time to answer your questions, so come prepared!

Registration details are here.  Act fast -- tickets are limited.

Managers earn 2 continuing education credits by attending.  Resource material will be posted online after the event on the ACMO website and this blog.  Stay tuned.

See you there.

CCI's fight against HST takes to the airwaves

Many condo boards and unit owners are concerned over the impact of the proposed Harmonized Sales Tax on their condominium corporations and their own pocket books.  They will be glad to know that  the Toronto Chapter of the Canadian Condominium Institute (which represents over 113,000 condo units in the GTA) has been valiantly advocating against the proposed tax.  

CCI-Toronto is taking their fight to the airwaves on TV tonight.   Hear the latest about what is being done.   According to their news release: 

 Tune in to Focus Ontario on Global Television on Saturday, November 21st at 6:30 p.m. to hear host Sean Mallen speak with guests Armand Conant - President, Canadian Condominium Institute - Toronto Chapter and Robert Hattin - Canadian Manufacturers and Exporters, on the issue of the Harmonized Sales Tax.

Mr. Conant, President of CCI Toronto, Co-Chair of the Joint CCI-T/ACMO Government Relations Committee and a lawyer with the firm Heenan Blaikie LLP will focus his comments on Saturday's show on CCI-T's opposition to the inequities the HST will create for condominium owners.

For details on Focus Ontario click here.

See you at the condo conference!

Don’t miss the 13th Annual CCI-T/ACMO Condominium Conference this Friday and Saturday (November 6-7, 2009) at the Hilton Suites Toronto/Markham.

Be sure to come to the Aging in Place seminar (session 1C on Friday morning at 10), where lawyer Denise Lash, property manager Janice Pynn, consultant Sharon Snitman and I will focus on accommodating the needs of aging condo residents. Find out what steps property managers and condo boards must take to accommodate the coming boom of aging condo dwellers and learn what you should do to prepare.

Bob Gardiner will be moderating the Condo Law Update SuperSession on Saturday at noon. Don’t miss it!

Gardiner Miller Arnold is proud to be a sponsor of the conference once again, so all of us from GMA will be there.  Take a moment to stop any of us and say hello!  If you don’t know us by sight, visit this page to view our photos so that you will recognize us.   We look forward to meeting you.

Visit www.condoconference.ca for detailed program, exhibitors list and registration details.

See you there!

Condo units on the block in Toronto tax sale

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. 

Best of the blogosphere for September 2009

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 FAQUngated, 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.

HST at centre of by-election politics

The Toronto Sun reports that the impact of the proposed HST on condominium corporations and their unit owners is turning into a political football in the September 17 provincial by-election in the Toronto riding of St. Paul’s.

The opposition parties have condemned the proposed new tax because it will cause condominium fees to increase.

Finance Minister Dwight Duncan says he does not expect to see a substantial increase in condo fees, which flies in the face of the predictions made by the condominium management industry that fees will rise on average by 6 to 8%. These predictions were reported in recent months in the Toronto Star here and in the Globe and Mail here.

Notwithstanding the large number of services that the HST will affect, Finance Minister Duncan says:

"I have a condominium in Windsor and my condominium fees will likely not be affected because the services we buy are very competitively delivered."

Let me guess: His condo corporation is locking-in and pre-paying the next ten years' worth of fees for legal, accounting, engineering, property management, landscaping, contracting, housekeeping and any other service not currently subject to PST.   Alternatively, perhaps this corporation has chosen to discontinue some or most of those services.

Shame on you, Minister Duncan. Rather than try to convince us that the HST is not going to have a big effect on our pocketbooks (which is decidedly untrue), you would do better to convince us that this tax is necessary and will benefit all of us in the long term.

Meanwhile, we wait to see what the voters of St. Paul's decide.

1 Bloor purchasers may lose their dream but not their deposits

The saga of the doomed luxury condo development at 1 Bloor in Toronto took an interesting turn earlier this month when the project was sold.

Great Gulf Homes announced that it had purchased the land at the corner of Yonge and Bloor Streets from developer Bazis International as part of a court-approved process to keep the project from falling into receivership. Bazis had initially purchased the land for $61 million but had defaulted on its loans before construction could begin.  

Despite the insolvency of the developer, those purchasers who braved the cold and lined up outside for days in late 2007 to buy units at 1 Bloor won’t lose a dime of their deposits (reportedly over $70 million). They can thank section 81 of the Condominium Act, 1998, which provides that deposits paid for the purchase of proposed condo units must be held in trust by a trustee or a law firm.  Section 82 provides that developers must pay interest on these deposits. 

Though their deposits are safe, those who purchased units at 1 Bloor are wondering what kind of condo they are going to get for their money.   The fate of the project won’t be known until after the sale to Great Gulf Homes closes in September but the new concept will probably be far less ambitious than the 80-storey, half-billion dollar skyscraper that was originally planned.  GMA's very own Gerry Miller shared his view on the project in this article in last Friday’s Globe and Mail.

Update (Sept 4/09):   Kris Scheuer of the Town Crier reports on her blog that 1 Bloor purchasers are now being refunded their deposits.

Program announced for 2009 Condo Conference

Program details have been announced for the 13th annual ACMO / CCI Condo Conference, to be held November 6-7, 2009 at Hilton Suites Toronto/Markham.

Save the date now and plan to attend. Topics include:

  • The ABCs of Tarion
  • Working with challenging people
  • Insurance
  • Board conduct and ethics
  • Annual condo lawyers update panel ... Not to be missed
  • ...and more!

I am looking forward to speaking at the “Aging in Place” session where a property manager, interior decorator and I will focus on why your condominium should accommodate aging residents and how to do that effectively.

Visit www.condoconference.ca for program, speaker, exhibitor and sponsor information and on-line registration.

Register by September 30 for early bird pricing and to buy four registrations and get one free.

In memoriam: Mark F. Freedman

Our local condo world recently lost one of its most distinguished contributors.

Mark Freedman, a leading member of the property development bar and a widely-respected author and commentator on condo issues, passed away May 9th.  

A partner at the Toronto law firm of Harris, Sheaffer LLP, Mark was honoured as a Fellow of the Canadian Condominium Institute and co-winner of this year's Ontario Bar Association Award for Excellence in Real Estate.  Mark was also well-known for his good works in the community.

Update:  See Bob Aaron's tribute to Mark in this article in the Toronto Star.

National Volunteer Week

From a news release issued by Volunteer Canada:

National Volunteer Week was first proclaimed in 1943 as an initiative to draw the public's attention to the vital contribution of women to the war effort on the home front. In the late 1960s, the focus was revived and broadened to include all community volunteers.

National Volunteer Week, the country’s biggest celebration and recognition campaign of volunteers, runs from April 19 to 25. Through the National Volunteer Week website (www.volunteer.ca/nvw), created by Volunteer Canada, hundreds of individuals and organizations have submitted photos and videos of “volunteers in action,” and thousands more have used the site’s resources to plan their own volunteer recognition events.

Take a moment this week to stop and thank the volunteer directors and committee members that take time out of their lives to help make our condominium communities a better place to live and work.

Happy law day!

Today is Law Day in Ontario. 

Now in its 26th year, Law Day is a national event created by the legal profession to mark the April 1982 signing of the Canadian Charter of Rights and Freedoms and to help inform the public about how the legal system works.

Celebrations and special events are taking place this week across Ontario and from coast to coast, especially in schools.   Visit the Ontario Bar Association’s Law Day page for more info and a listing of activities, and check out Connie Crosby’s post on Slaw for links to other resources and events taking place across Canada.

Join the celebrations and find out more about the legal system.  While you’re at it, give your lawyer a big hug today.

Harmonized sales tax on the horizon -- start budgeting

Imagine waking up one morning to find that all of the goods and services you needed to buy cost 8% more than they did the day before.   That day may come soon.

In January 2009, Premier McGuinty said that the Ontario government would "take a long, hard look" at harmonizing the 8% Provincial Sales Tax with the 5% federal GST. 

Those comments were made in response to a report by the Ontario Chamber of Commerce stating that implementing an HST and abolishing the loophole-filled retail sales tax system would boost Ontario's global competitiveness and reduce financial and paperwork burdens on Ontario businesses.   It would also increase tax revenues, which would surely come as a relief to the finance minister who warns us this month about an $18-billion deficit for this year and next.

Both the Globe and Mail and the Toronto Star have written editorials this week in favour of Ontario adopting an HST, but not everyone thinks it's a good idea.   Toronto real estate lawyer and columnist Bob Aaron suggests that the already-battered real estate market will be further impacted by HST on legal fees and realtors' commissions and that it will become harder for honest contractors to compete with the growing underground economy.

There is no question that a boost to our businesses and our global competitiveness would be a positive and welcome development, but let's not kid ourselves -- the cost of that benefit will be dearly paid by consumers at a time when most people are already struggling.   In addition to paying more for their own daily necessities and services for their own families, consumers will be shouldering the higher costs for goods and services sold to their condo corporations.

An HST will have a significant impact on condo budgets.   Landscaping, renovation, accounting and legal services that are presently subject only to 5% GST will become subject to 13% HST.   Even if prices were to remain the same or decrease very slightly, the overall out-of-pocket cost for such goods and services will actually increase with the introduction of an HST.    

If your condo corporation is barely squeaking out balanced budgets today, it may be time to take a long, hard look at further reducing expenses wherever possible and implementing a gradual increase in common expense fees to help build an operating reserve.   Having a cushion in place to absorb higher costs is essential to avoiding scenarios where special assessment is the only remaining option.   A gradual increase in common expenses is a far preferable and affordable option than sudden, large lump sum assessments.

Nominate your condo for a Green Toronto Award

Condominiums play an important role in making our city a greener place.   Has yours helped to make a difference?

If your condominium in the City of Toronto has undertaken an environmental or conservation project in recent months, consider making a nomination for the 2009 Green Toronto Awards.

Launched by the City in 2005, the Green Toronto Awards honour and celebrate the individuals, organizations and companies that are leading the way towards a cleaner, greener and more liveable Toronto. 

Award categories (described here) include:

  • Community Projects
  • Energy Conservation
  • Environmental Awareness
  • Green Design
  • Green Roof
  • Leadership
  • Water Efficiency

Last year's award winners included the condo corporations at South Kingsway Village, whose projects have set a framework for all condominiums to follow.   Details of their achievements are reported here and here.  

Nominations close on Friday, February 27.

Live from the 30th Annual Community Association Law Seminar

Utah condo lawyer Lincoln Hobbs has been live-blogging from the College of Community Association Lawyers’ 2009 Law Conference in Palm Springs, California.

His reports include (click the title to view each report):

To access the written materials and presentations for all of the sessions, click the CAI picture to the right, and then select the "Presentations" tab.

It's clear that a major issue facing American community associations is the economy and, consequently, the ability of associations to collect common expenses from members. These are very challenging days for our neighbours to the south.

Hats off to Mr. Hobbs for reporting on the conference proceedings and sharing them.

2008 CLawBies announced

2008 Canadian Law Blog Awards FinalistThe results are in for the 2008 Canadian Law Blog Awards.

I am delighted and humbled to announce that our blog was named a runner-up for the Best New Law Blog category.

This is a great honour considering the calibre of the award winners and the many other outstanding new blogs.

Kudos to Steve Matthews for showcasing some of the incredible talent in Canadian law blogging and congratulations to all of the winners, finalists and participants in this year's CLawBies.

To our readers, thank you for joining us and sharing your feedback. We hope that you enjoy reading this blog half as much as we enjoy bringing it to you.

Best for 2009.

My nominations for 2008 CLawBies

I follow a large number of blogs to help expand my knowledge of the world, stay current with news and trends in my law practice and business, and enhance my skills as a lawyer, entrepreneur and human being. While there is no shortage of blogs out there, it is not always easy to find blogs that are on point or have the right focus to fit the bill.

Check out the Canadian Law Blog Awards ("the CLawBies").  Organized by Steve Matthews, a law firm consultant, law librarian and blogger, the CLawBies showcase some of the remarkable talent in the Canadian legal blogosphere each year. 

Nominations for this year’s CLawBies are being accepted from law bloggers.  Full details on how to participate are  here

I am delighted to add the following as my picks, in no particular order:

Continue Reading...

From PM Expo: Tips on water damage and mould growth

Daily Commercial News reports on the swag being distributed by more than 1100 exhibitors at PM Expo and shares some of the sights and scenes of the show, which ends at 1 p.m. today.   Last call!

Dozens of seminars and workshops informed and educated hundreds of people over the past two days.   I was one of many  in attendance for the "Mould, Moisture and Related Building Envelope Failures" workshop given by Bruce Stewart and Phil Brearton of Pinchin Environmental.   A handful of their many excellent points included:

  • Municipalities are now required to inspect a building if notified by police that the building housed a marijuana grow-op (which are notorious for causing ruinous mould infestations);
  • In 2004, the Canadian Construction Association developed and published guidelines for dealing with mould in various stages and circumstances, including initial construction of buildings and in remediating subsequent infestations -- worth being aware of;
  • A maintenance tip to help prevent water entering into a building:  Don't make repairs overtop existing repairs.   While caulking over existing caulk might look nice and make us feel secure, it is an ineffective repair. 

Some additional information from Pinchin (thanks, Bruce!) on dealing with water damage and mould growth can be found here and the full PowerPoint presentation from the seminar is here.   Stay dry.

20th PM Expo kicks off

The 20th edition of the ever-expanding PM Expo show is on this week, starting today until Friday, at Metro Toronto Convention Centre.

From the organizers:

As Canada’s largest annual property management exposition and conference, the Show will facilitate the exchange of ideas, best practices, and product knowledge that will provide you with strategies and cost effective solutions for managing and operating your buildings.

Full details are here.

With dozens of workshops and seminars and over 1000 exhibitors showcasing new ideas and new products, there’s something for everyone.  

See you there.

Gehry on Construction Deficiencies

The newly-transformed Art Gallery of Ontario opens its doors this weekend.   The Globe and Mail reports that the final ($276 million) product has met with the approval of its designer and world-famous architect, Frank Gehry, although he would make a few changes if more money was available.

At about this time a year ago, the famous architect and his firm were named as defendants in a lawsuit for alleged defects in a new building commissioned by the Massachusetts Institute of Technology.     The construction company was also sued and the accusations began to fly as to whether the defects were the result of the architecture or the construction. 

In responding to MIT’s lawsuit, Gehry told the New York Times that problems in complex buildings are inevitable, and that:

A building goes together with seven billion pieces of connective tissue. The chances of it getting done ever without something colliding or some misstep are small.

In commenting on that lawsuit and the parties’ response to it, lawyers at Stark & Stark in New Jersey made this observation in their Construction Litigation Law Blog:

It is disconcerting to see that a superstar architect, a global construction company and a world-class institute of higher learning, with $300 Million to spend cannot seem to create a water-tight building. Mr. Gehry seems to think that construction defects are par for the course. In that context, it comes as no surprise that we find problems with much simpler, mass-produced homes and condominiums.

The moral: First-year condo boards in a newly-constructed buildings should budget time and resources with the presumption that there will be defects and deficiencies that need to be addressed.  

Be sure to visit the AGO.