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

Our first microblog post of the year is jam-packed with good stuff, including plenty of pieces on the frenzy that is the Toronto condo market.  While we can't yet tell if 2012 will signal the end of the upward swing, it will definitely be one hell of a ride.

COURT AND TRIBUNAL DECISIONS

ONSC: No discrimination in condo refusing owner's request to alter parking space to accommodate undocumented disability. http://bit.ly/sVLjyW

ONSC gives useful guidance on materials needed to approve reports & accounts of condo administrators and their lawyers. http://bit.ly/sFTQnY

ONSC: Unit owner improperly altered common elements, must sign s.98 agreement; condo's chargeback claim statute-barred. http://bit.ly/vAbfeR

ONSC amends condo declaration to correct as an "error" a sneaky move by the developer to escape zoning restrictions. http://bit.ly/w0Auz6

HRTO denies unit owner's bid to adjourn hearing, allow more time to resolve his complaint vs. condo. http://bit.ly/zlpx0x

HRTO: Hearing to continue despite unit owner’s procedural wrangling after sensing that his case is doomed. http://bit.ly/wSnOVa

HRTO: Disabled unit owner's complaint vs condo dismissed for duplicating a poorly-drafted court claim. http://bit.ly/zRsXbi

ONSC waives med/arb reqmt, rejects selective enforcement argument, orders removal of dogs from condo unit. http://bit.ly/yPyfPO

ONSC: Condo's construction deficiency lawsuit (commenced 3 yrs after performance audit issued) is statute-barred. http://bit.ly/yaBa4p

BCSC orders sale of strata unit after years of antisocial behaviour by owner's son. 1st time in BC. http://bit.ly/vZP5ry

ONSC upholds condo turnover election. Declarant was tardy and failed to deliver turnover docs. http://bit.ly/AExTGf

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As another year-end draws closer, it’s time to submit nominations for the annual Canadian Law Blog Awards.  The “Clawbies” recognize the work of Canadian legal professionals who share their insight and expertise through a blog. 

Details about the awards, the nomination process and previous winners can be found here. You can also keep track of this year’s nominations by searching #Clawbies2011 on Twitter.

Here are my three nominations for the 2011 Clawbies, in no particular order:

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Toronto’s reputation as an international city and condominium capital knows no bounds.

The National Post reports that a Toronto condo unit owned by the son of the late Libyan despot Muammar Gaddafi has apparently gone unnoticed by whoever enforces UN-imposed sanctions in our country.   Ownership of the $1.6 million penthouse at 10 Navy Wharf was held in Gaddafi Junior's own name or some variation thereof.  

The Post’s exposée on the Gaddafi penthouse is here:

Saadi Gaddafi owns a $1.6M penthouse in Toronto

Ottawa asks RCMP to investigate Gaddafi son's Toronto condo

Libya lays claim to Gaddafi's condo

The latest news is that the new Libyan regime is looking to claim the unit as an asset of the state.   If that bid is granted, hopefully the condo board will send the Libyan embassy a copy of the building’s by-laws, rules and elevator booking policy before a problem arises and turns into an international incident.

In possibly-related international news involving Canada and Libya, there is no indication that Cynthia Vanier, the Canadian citizen implicated by Mexican authorities in the plot to help the Gaddafi family flee to Punta Mita, planned to use the Toronto condo as a safe house at any point.  Mexican investigators will no doubt look long and hard at this growing Canadian connection in deciding whether to stage some elaborate “prosecution.”  Vanier's family says she is innocent.

And before leaving the topic of playboy sons of dead tyrants, has someone checked the land registry records for condo units owned by Kim Jong-un? If not, local condo managers might keep watch for any raucous wakes held in their party rooms for the late North Korean strongman Kim Jong-il. Just report your findings to the nearest UN office.

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What a crazy few months it has been. While we haven’t been posting as many blog entries as we’d like, there’s been plenty of action on the Twitter feed. In case you're not receiving the live feed, here’s a compilation of the best stuff from recent weeks.
 

Courts / Tribunals

ONCA: Declarant’s failure to set up cost-sharing regime for mixed-use multi-condo complex not oppressive. Buyer beware. http://bit.ly/v5h9Km

ONSC denies prchsrs bid to legalize common element attic. Real estate lawyer liable for not checking condo floor plans. http://bit.ly/urnj0V

HRTO fines condo $5K for tardy answer to disabled owners' request to store scooter in parking unit; orders bylaw change. http://bit.ly/tb9rbR

SCC: Loser Pays principle doesn't apply to Canadian Human Rights Commission - http://goo.gl/l6iph (H/T @APribetic)

ONCA: Proper functioning of complex, rapidly growing condo industry needs clear agrmts setting out rights, obligations. http://bit.ly/tH715q

ONSC nixes developer’s bid to dismiss condo construction deficiency suit. Tarion decision doesn't bar such lawsuits. http://bit.ly/tUUdIR

ONSC orders unit owner to remove dog accused of peeing on balcony. Condo acted reasonably in demanding dog's removal. http://bit.ly/t5CMVc

ONLRB: Condo employees to vote on union representation after condo doesn't respond to certification application - http://bit.ly/sjaZz9

ONCA: Test for bias by a municipal by-law officer is "reasonable apprehension," but test not to be applied "strictly" - bit.ly/sZ56OO (H/T @ABMunicipal)

ONSC sets referendum rules for owners at dysfunctional condo to decide whether to continue court administration. http://bit.ly/usxjbk

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It's been a busy few weeks, so we haven't posted a compilation of our best tweets lately.  Here's the first batch.

COURT AND TRIBUNAL DECISIONS

ONSC: Former unit owner lacks standing to sue condo for money allegedly spent on director compensation and perks. http://bit.ly/oFowaa

ONSC orders warring condo unit owners to bring their decade-long feud to trial and stop wasting judicial resources. http://bit.ly/qxeJ7O

HRTO won’t reconsider dismissal of owner’s complaint re condo bd remarks about urine smell http://bit.ly/nkWL57 Original: http://bit.ly/qR1lHw

HRTO applies ONCA ruling on condo “single family use” restriction but allows complaint to proceed on reprisal issue only. http://bit.ly/nAYTbx

 GMA IN THE NEWS

Gerry Miller quoted in Toronto Sun story on some of the pitfalls of buying pre-construction #condos. http://fb.me/NJCbuMhe

Gerry Miller quoted in recent issue of Canadian Real Estate mag on screening tenants for rental properties. http://fb.me/xtVaOXPn

GMA is assisting condo unit owners in Cobourg where a receiver was appointed over a developer's properties and assets: http://bit.ly/nukTAy

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Early bird registration for the annual CCI/ACMO Condominium Conference ends this Friday, September 30, 2011. Act fast to get preferred pricing for the 15th edition of this country’s preeminent condominium event.

The theme of this year’s conference, to be held November 4-5 in Toronto, is “Living in Balance: Corporation & Community.”

In the weeks leading up to the conference, work continues on putting together over a dozen educational sessions covering a spectacular array of issues that confront condominium corporations each day. Even as we speak, your faithful scribe is preparing to moderate one of those sessions, described as follows:

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With summer holidays behind us and the Ontario election now underway, it's time to focus on the issues and decide who should lead our province for the next four years.

The stakes are high and the issues are many.  Sales taxes, energy costs, development policy and reforming the Condominium Act directly and specifically affect the lives and finances of condo dwellers in our city and across Ontario. Condo issues should be front and centre since Ontario is home to nearly 10,000 condo corporations containing hundreds of thousands of units and almost a million voters. The candidates and their parties should be ready to take notice and address these issues that face the condo-dwelling electorate and explain why they deserve your vote.

Luckily, the Canadian Condominium Institute is holding a series of special town hall debates across the province with a focus on condo-related issues. All the major candidates are invited. Come out, ask your questions and make sure these folks know for sure that condo unit owners want their voices to be heard.

At least two town hall events are taking place in Toronto, on September 13 in Willowdale and on September 14 in Etobicoke-Lakeshore.  See here for details and free registration.  Don't miss out.

Update:  Condo dwellers in the Golden Horseshoe area should check out the town hall event to be held on September 14 in Burlington by the local CCI chapter.  Details here.

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The Canadian Bar Association’s National magazine recently ran a short article on the benefits to lawyers of publishing a law blog. Our blog and its editor (yours truly) were featured and quoted.

The focus of the piece was using social media to improve lawyers’ bottom lines but one important aspect of running a law blog was missed.

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The flow of great condo-related tweets has not slowed down during these dog days of summer.   Enjoy some of these items while sunning on the deck.

For live feed, follow me on Twitter.

COURT / TRIBUNAL DECISIONS

ONSC: No oppression remedy for commercial condo unit owner with persistent water leakage. Repairs are finally underway. http://bit.ly/q39qJV

HRTO: Condo "fails to accommodate" by forcing injured super to work despite doctor note, ordered to pay $1K   http://bit.ly/pXSxoo

ONSC: Discovery of prchser-lawyer discussions proper when condo prchse agreemt ended b/c status cert "not satisfactory" http://bit.ly/pqydAY

HRTO lacks "power to deal with all claims of disrespect, insensitivity." Condo bd remarks abt urine smell not discriminatory http://bit.ly/qR1lHw

BCSC: Grow-ops qualify as an act of vandalism (via Cdn. Insurance Blog) http://bit.ly/pCDoYU

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The local, national and international newswires have been packed with great condo-related items in recent weeks.  Here are some of the best that we've tweeted about.

ONTARIO NEWS

My little hometown has approved a new condo plan (its first?) http://bit.ly/jNVCzs   (@DelhiNewsRecord)

RT @TOMayorFord: #TOCouncil has rescinded the mandatory #TTC Metropass program for new condos built in #Toronto. Discount passes still available

Four Seasons penthouse #condo sells for $28-million - http://bit.ly/k65EOU (@syladurantaye)

RT @OREAGR: PC Party #changebook proposes to create a registry of former Grow Ops. Registry would help protect #Ontario home buyers http://ow.ly/56M2V

Condominium Act needs overhaul, critics say: http://bit.ly/kwDQFb

RT @ACMOnews: ACMO Legislative Brief Presented today to Ontario Gov't - http://bit.ly/lzjGiB

ACMO/CCI submit long-awaited Legislative Brief to revise the Condo Act. Full txt:   http://bit.ly/l8wdHl; Exec summary: http://bit.ly/mRABzi

Physician's proposed #condo devlpmt (with handy built-in medical clinic) on hold pending OMB appeal.   http://bit.ly/iI8Hhs (@TheWindsorStar)

Looking for a no-kids condo? Keep dreaming. InsideHalton article: In search of quiet.  http://bit.ly/kt9YLZ

Shall we take heed? RT @Urbanation: Carney sees excesses in certain condo markets:   http://bit.ly/m54uTB  via @globeandmail

Historic condo courtyard faces demolition - Debate rages over removing gardens to fix parking garage.   http://bit.ly/k2N8Hz (@OttawaCitizen)

"Are too many condominiums being built in Toronto?" Anxiety, as condo sales hit record high - Moneyville.ca - http://bit.ly/mpHoF4

Bidding closed for #Toronto 2015 Pan Am Games Athletes’ Village – Daily Commercial News   http://bit.ly/li12rd > Slum condos for sale in 2016?

Danforth condo devlpmt "sparks" controversy http://bit.ly/kICqNI (@toronto_life) Q: Who'd buy a condo from a developer accused of arson?

#Toronto land developer guilty of arson, manslaughter in blaze clearing site for new condo.   http://bit.ly/jmoXgv

Condo garbage piles stinking mess, says councillor - Brantford Expositor - http://bit.ly/pUzW7g

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We've been saving up a big batch of the juiciest tweets for those of you taking another week of summer holidays.  For easier digestion, a second entry will contain the latest and greatest news items.

To receive live feed, follow me on Twitter.

COURT / TRIBUNAL DECISIONS

ONSC upholds @OntMAG's preservation order against condo units, other assets held by alleged crooked home renovators - http://bit.ly/j8yJYe

OMB reduces parking reqmnt at condo complex to permit completion of unit owner’s 2d flr. Condo's objection overruled. http://bit.ly/mtv1lh

ONSC orders sale of condo unit after years of aggression, violence, threats, vandalism by owner. http://bit.ly/kAPOqi

ONSC appoints administrator for another condo in trouble. Interim administrator replaced with owners' candidate.   http://bit.ly/mC4vSV

HRTO pares down one of several tenuous complaints filed by unit owners over insults dished out by condo board prez. http://bit.ly/mLEGhs

HRTO dismisses yet another tenuous human rights complaint over condo board’s shoddy treatment of its unit owners. http://bit.ly/jBeY4o

BCSC quashes strata members’ vote approving a special assessment where balloting was not kept secret.   http://bit.ly/kp5BnL (H/T @VPFranco)

HRTO denies unit owner's bid for production of security footage showing respondent condo director's patronage of a bar. http://bit.ly/kqO2OE

ONSC dismisses unit owners' 3rd party claim vs condo corp in a bank's mortgage enforcement action.   http://bit.ly/iD7nRP

HRTO can't rule on "every dispute or perceived unfairness;" dismisses condo owner's complaint over weatherstripping. http://bit.ly/j0vtx0

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The Community Associations Network blog posted a nice piece on Friday wishing a Happy Canada Day to those of us north of the border. In that post, CAN’s president, a Michigander named Joe West, explains why he includes Canadian stories in his excellent condo law newsfeed and blog lists, apparently in answer to a question asked by his readers.

The answer is worth reading, but the question itself gives us some pause.  

Most American condo law blogs pay little attention to condo law and news from the Great White North, perhaps for any number of good reasons, but Joe quite rightly recognizes the importance of looking elsewhere for ideas in how to improve things close to home. That’s a good point, considering that while the laws in our respective countries are considerably different, there are many common issues facing condominiums and community associations on both sides of the border. Some include:

• Preventing fraud by directors, managers and others;
• The nascent movement to restrict smoking in multi-unit residential buildings;
• Ensuring financial security in the face of difficulty economic times; 
• How to persuade government to enact protective laws;
• Enforcing the documents in people, pets and parking cases;
• Enhancing home values through prudent maintenance and repair;
• Forging strong community bonds and good neighbourship;
• And so many more.

Condos and community associations are, at their essence, an important and popular way for many millions of North Americans to live and co-exist. Finding, sharing and delivering information to help the homeowners and directors of those associations and the professionals, trades and others that serve those folks remains important.  The line on the map between our two counties is remarkably unimportant by comparison.

Canadian condominium professionals and enthusiasts are wise to keep watching developments in the United States. To do that effectively, follow CAN’s newsfeed and peruse the impressive list of community association blogs showcased on their website, many of which we have highlighted from time to time.

Best wishes for a happy Fourth of July to all our American friends and neighbours.

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The Association of Condominium Managers of Ontario held its annual awards gala last week.

In addition to congratulating the other award winners and the RCM, ACMO 2000 and associate members that were recognized for their long service, I have just one thing to say to outgoing president Chris Antipas . . . 

Thank you.

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Even we silver-tongued devils make the occasional slip.

Where:  The educational luncheon held by the Association of Condominium Managers of Ontario.  

When:  Noonish on Friday, June 10, 2011.

What:  At the podium, the writer (as a member of the Condominium Management Standards Council) announces the most recent condominium management firm to successfully complete the ACMO 2000 re-certification audit and is about to present an accompanying commemorative certificate.

The blunder:  When naming the firm, juxtaposing the words in the recipient firm's name and adding an unwarranted "Inc." at the end of it (which is heresy in the eyes of the corporate lawyers).

Let me take this opportunity to make things right for the good people at Malvern Condominium Property Management by making this mea culpa and naming their firm correctly, even if belatedly. 

Congratulations to Bill Thompson, John Damaren and the entire Malvern team on being re-certified as an ACMO 2000 condominium property management firm. 

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In a recent entry, we mentioned that the responsible minister did not attend the recent CCI Golden Horseshoe condominium conference and did not send a delegate in his place.

Minister Gerretsen has responded to that point with a letter to clarify the issue. His letter can be viewed here.

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Here’s my picks for the best condo-related stuff from the Twitterverse, guaranteed to help pass a weekend filled with lousy weather, traffic snarlups, subway detours and downtown marathons.

COURT / TRIBUNAL DECISIONS

ONSC: Condo developer breached elaborate terms of a Tarion settlement, engineer appointed to set scope of repair work - http://bit.ly/hWbge9

HRTO: Condo super's claim of being fired for disability dismissed since same issue rejected in earlier ruling by OLRB - http://bit.ly/iPvy9e

ABQB: Lawyer with iffy retainer signed by developer-controlled condo bd lacks authority to act or to sue for fees - http://bit.ly/lsRlVq

ONSC extends administrator's mandate for 12 months at YCC 506, a condo "in extremis" - http://bit.ly/lW4cQY

HRTO dismisses human rights complaint of married woman offended by condo board addressing her as "Miss." http://bit.ly/mvJMyV

ONSC orders referendum on whether notoriously troubled Toronto condo will emerge from court administration. http://bit.ly/lWu7gr

HRTO: Condo pool rules fixing kids swim hours and banning diapered babies struck down as discriminatory. $10K fine. http://bit.ly/iwCUwE

ONSC: Unit owners’ failure to pay condo common expenses leads to mortgage default; bank may exercise power of sale. http://bit.ly/ghHf0v

ONSC denies owners’ bid to discharge condo administrator but sets a process and future hearing for owners' input. http://bit.ly/ibEg3W

OLRB welcomes Peel Condominium Corp. No. 57 to the [insert adjective here] world of unionized superintendents. http://bit.ly/h0QWU7  

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I attended the recent annual general meeting of the Association of Condominium Managers of Ontario (“ACMO”). While those meetings are normally attended exclusively by condominium managers, the board invited me to assist them with any legal or procedural matters that might arise. While nothing exciting developed that required legal intervention, the meeting was very well attended and the election to fill vacancies on the ACMO board was especially noteworthy.

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Here’s a great opportunity for Toronto-area condo directors to network with directors from other condos to share ideas and strategies and to spend quality time with some of Toronto’s best condo lawyers, including GMA’s Chris Jaglowitz.

This event is hosted by the Toronto Chapter of the Canadian Condominium Institute.

Details:

Back by popular demand, is another CCI Networking Dinner for Condo Board members – but with a twist! At each dinner table, board members will be joined by a condo lawyer – and throughout the evening the lawyers will switch tables, so attendees will be able to speak with a variety of the top condo lawyers in Toronto.

Bring your questions and be prepared for an evening filled with interesting and lively discussions. We will end the evening with a wrap up and summary of some of the most interesting and relevant conversations.

WHEN:   Wednesday March 30, 2011

TIME:     6:30 to 9:30 p.m.

WHERE: Novotel North York Hotel
              3 Park Home Avenue, Toronto, M2N 6L3

The date is fast approaching and space is limited. For details and online registration visit CCI-Toronto or see the PDF flyer for complete details and lawyer lineup.

If your condo isn’t already a member of Canadian Condominium Institute, read up on the benefits of membership and join today.

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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

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2010 finished with a very strong showing by condo law bloggers on both sides of the 49^th parallel. Here are some of the best posts from the last two months of the year. 

Judging from the quality entries over this period, you can bet that 2011 will give us a bumper crop of good stuff.

2010′s Top Condo & HOA News Stories -- The Community Association Considerations blog looks back at the past year and highlights the top 10 issues facing condos and HOAs in the United States. 

How To Avoid Getting Taken Advantage Of When Comparing Landscaping Contracts -- While most condos in Ontario are focussed on clearing snow at this time of year, now might be a good time to start thinking about how to make the grounds look fantastic without blowing the budget. Condo and HOA Living blogger Ryan Poliakoff shares some pointers to consider when signing the landscaping contract.

2011 New Year Resolutions for Boards -- At this customary time of reflection and introspection, here are some New Year resolutions that community association and condo boards may want to consider, courtesy of the Colorado Homeowners Association Law Blog.

2011 New Year's Resolutions for Community Associations -- This January post on the Northwest Condo and HOA Law Blog is worth including at this point. Check out Daniel Zimberoff’s suggestions for eight (8) resolutions.

Association Governance Elsewhere -- Now back from vacation, condo lawyer and blogger Donna DiMaggio Berger shares her observations on the not-so-subtle differences in condo law between Costa Rica and her native Florida. If you don’t mind the snow, Donna, you can visit us for a fact-finding mission up here in the great white north anytime!

When will a condominium board's decisions be reviewed by the courts? -- Condo directors are often told to be sensible in their decision-making, but what does that really mean? Bradley Chaplick lists the critical elements that will allow a decision-making body like a condo board to benefit from the “business judgment rule” established by Canadian courts.

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The winners of the 2010 Canadian Law Blog Awards (the “CLawBies”) were announced on December 31, 2010.

We were thrilled that our blog won the CLawBie for Best Practice Group Blog of the year.  Here's the blurb:

Best Practice Group Blog – This is a new award for 2011, meant to recognize the growing number of law firm practice group blogs in Canada. Our inaugural winner in this category is the Ontario Condo Law Blog, written by the lawyers at Gardiner Miller Arnold LLP. Led by editor Chris Jaglowitz, this blog regularly delivers a variety of original topics and interesting links. Not only does it make for engaging reading, but the firm always makes clear just how well it knows its niche topic (condominium law) and its audience (condo corporations in the Greater Toronto Area).

We are quite honoured to be named, considering the high calibre of the other award winners and the many other outstanding Canadian law blogs, both new and old. Be sure to check out all of this year’s CLawBie winners and also the listings at lawblogs.ca to find Canadian law blogs sorted by topic, province or category. There’s sure to be one of interest to you there.

Hat’s off to Steve Matthews and the rest of the judging panel for providing this great showcase of  law blogging in this country and for coming up with some interesting new award categories to highlight the expanding and maturing talent of Canadian lawyers in the blogosphere. We also salute all the other award winners as well as the finalists and nominees.

To you our readers, thanks for joining us and sharing your feedback this past year. As long as you keep reading and writing in, we’ll keep writing! Cheers. 

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Just in case you need a break from holiday shopping, here’s some great reading we’ve collected on our microblog and have categorized here for your ease of browsing.

Follow me on Twitter for live feed.

Court / Tribunal Cases

ONSC: Status Certificate bars condo corp from requiring purchaser to restore interior wall to original condition. http://bit.ly/ggLYHj

ONSC: Unit owner can assess condo’s legal costs of enforcing declaration, by-laws, rules under Condo Act, s.135(4). http://bit.ly/9e98jV

ONCA: Board cannot use Condo Act s.112 to terminate obligation in declaration to buy a supers unit from developer. http://bit.ly/9AsHQJ

ONSC refuses mortgagee’s bid to replace the court-appointed administrator of a deeply troubled condo corporation. http://bit.ly/apO8t9

ONSC rejects developer’s scheme to avoid paying big judgment to Toronto #condo corp after 10 yrs of litigation. http://bit.ly/cTungB http://bit.ly/fuST2N

ONHRT to proceed with human rights case vs Peel Condo 766 w/o further notice unless their board acts fast. Wake up! http://bit.ly/9LpVC0

ABQB: Developer to pay common expenses for its condo units after claims over sweetheart deal and set-off rejected. http://bit.ly/huFi1a

ONCA slashes (from $900K to $50K) condo corp’s judgment vs roofing contractor over 1995 roof repair gone wrong. http://bit.ly/hmmOKg

Legal Commentary

Condo Act s.29: Directors can't be incapable of managing property. When will court assess capacity? http://bit.ly/9qNvLc (@Megan_Connolly)

Condo insurance coverage has some special wrinkles - http://bit.ly/bzVZQV (@GlobeandMail)

Disclosure exposure? Only where condo developers misstate or omit material details in disclosure statements - http://bit.ly/bWTLFL

RT @califcondoguru New at CondoLawGuru: The Perils and Pitfalls of Running a Blog Against the Board http://bit.ly/bxSTeQ

Is privacy a "bogeyman?" Court awards no damages for breach of PIPEDA privacy rights.    http://bit.ly/fChwWp 

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With the end of 2010 in sight, nominations are now being accepted for the annual Canadian Law Blog Awards. The “CLawBies” recognize the work of Canadian legal professionals who share their insight and expertise with the world through a blog.

Details about the awards and the nomination process and previous winners can be found here. You can view all the nominations by searching #Clawbies2010 on Twitter.

For an authoritative list of Canadian law blogs, visit www.lawblogs.ca, where there’s sure to be something for everybody.

Here are my three nominations for the 2010 Clawbies, in no particular order:

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Here's an update from Bob Gardiner on Toronto's most notorious workplace catastrophe in recent history. 

*********

Four migrant workers died and another suffered a critical injury when a swing stage scaffold on the 13th floor of a Kipling Avenue apartment building they were on while repairing a balcony collapsed on Christmas Eve, 2009. The swing stage broke into two pieces when a seventh worker attempted to step onto it. Thirty Occupational Health and Safety Act (OHSA) charges were laid against Metron Construction Corporation, 16 charges against a senior manager and eight charges against a supervisor. Swing “N” Scaff Inc., which supplied the work platform faces four charges and its director faces three charges, all under the OHSA.

In addition, Metron Construction Corporation and three company officials have each been charged with criminal negligence causing bodily harm and four counts of criminal negligence causing death, pursuant to s. 217.1 (the Bill C-45 amendments to the Criminal Code).

Eight OHSA orders (including some dealing with swing stages) had been issued to Metron Construction at that job site in the prior two months.

None of the five cases against corporations and individuals subject to such criminal charges have proceeded to trial. Some critics maintain that the excessive focus on criminal blame does not promote proactive strategies to prevent workplace injuries.

By now, every condominium director and manager must be aware of his or her personal liability to take every reasonable measure in the circumstances to protect the health and safety of workers upon a worksite. Condos should take care to disclose any hazardous products or circumstances on site and to negotiate appropriate OHSA clauses in construction contracts. An Occupational Health and Safety Policy is mandatory, as is a Workplace Violence and Harassment Policy, Risk Assessment and Program.

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If the unit owners at your condo are sick and tired of paying municipal taxes on the same basis as single family houses and not receiving commensurate local services, your corporation needs to join Canadian Condominium Institute in order to do something about it.

Despite the fact that there are over 6,000 condominium corporations in Ontario which house hundreds of thousands of voters, politicians of all levels and stripes pay little heed to the plight of the condo dwellers.  This is primarily because any individual condominium holds little clout or influence.  Only by banding together can meaningful change be achieved.

CCI and some of its Ontario chapters have made impressive inroads on the topic of fair municipal taxation in the past year and have built upon the hard work of a small group of condo directors in Markham who got the attention of local council.  We featured a guest post on that group's progress, here.

Through strength in numbers and the volunteer efforts of condo directors and professionals and the hardworking executive at the various chapters, CCI's efforts are reaching a point of critical mass. To continue this good work, it's vital that a strong front be presented to make the case for sweeping changes province-wide to address the inequities of the current municipal tax regime and to achieve fairness for condo owner taxpayers.

Take action today.  Get your condo corporation to join your local CCI chapter.

Condo corporation members of the CCI Toronto Chapter can (and should!) attend a special seminar just prior to the chapter's annual general meeting on November 25, 2010.   Details below. Events like this may be taking place across the province in coming months.

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Is your condo corporation interested in achieving greater energy savings?

If so, check out the seminars and materials available for condo corporations in Toronto through the "TowerWise" program offered by the Toronto Atmospheric Fund, an agency of the City.

Read the news release after the jump.

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With Halloween behind us and Christmas preparations about to begin, it’s time to highlight some of the most notable blog posts on condo-related issues for the past two months.

South of the border, the foreclosure crisis is front and centre. Homeowners plead for relief from their debts, politicians in full election mode speak of foreclosure moratoriums, and commentators ponder the impact of such plans on the housing market. All the while, condos and HOAs caught in the squeeze are looking for help. The law bloggers are stepping up to help by providing timely insight and expertise. Here’s a sampling:

• The Association's Response to the Halt on Foreclosures – Colorado HOA Law blog
• Associations Facing Mortgage Foreclosures Head On – Florida Condo & HOA Law blog
• The Futures and Financial Well Being of Condominiums and HOAs are Further at Risk From the Foreclosure "Moratorium" Issued by America's Largest Banks and Mortgage Companies – New Jersey Law Blog
• Impact of Chase Foreclosure Freeze – Ohio Condo & HOA Law Blog
• How Should Your Association Respond to Banks Foreclosure Delays? – Seattle Condo & HOA Attorney Blog
• Debunking foreclosure myths for your association members – Donna Berger’s Condo & HOA Law Blog.

In other condo-related news . . . 

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There has been plenty of interesting condo-related stuff in the Twittersphere from September 30 to November 2, 2010.

To help time-starved condo professionals find and enjoy the best stuff quickly, we have organized the tweets using the following handy categories:

• Court/Tribunal Decisions
• Tips & Cool Stuff
• News / Commentary -- Ontario
• News / Commentary -- Canada
• News / Commentary -- International
• GMA in the News

For real-time updates, follow me on Twitter.

Here we go.

Court/Tribunal Decisions

ONSC orders condo unit owner to scale back oversize deck, nixes owners' claim for oppression remedy: http://bit.ly/aDvf5l

ABQB: Construction lender not liable for building deficiencies. Lawsuit by condo vs. developer's bank dismissed: http://bit.ly/aK3FIS

ONHRT to hear case re scooter parking after condo corp fails to respond and is deemed to admit allegations: http://bit.ly/cK63tc #Baffling

ABCA: Evicting condo unit owners is an extraordinary remedy, to be granted only when other incremental remedies fail: http://bit.ly/cX532i

Supreme Ct. of Canada finds insurance coverage for construction defect claims:    http://bit.ly/cBQ2iU

ONSC: Contractor entitled to defence by insurer in construction deficiency claim brought by condo corporation: http://bit.ly/9o68bD

ONSC allows buyer to terminate purchase of new #condo unit when developer (Trump) fails to deliver unit on time: http://bit.ly/ag3Uk8 http://bit.ly/hhJKCh

ONSC approves settlement of fraud claims vs. developer's principals in class action over 2002 condo turnover: http://bit.ly/ag3Uk8

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Don’t miss the 14th Annual CCI-T/ACMO Condominium Conference this Friday and Saturday (November 5-6, 2010) at the Hilton Suites Toronto/Markham.  

In addition to the excellent educational seminars and trade show, this important national event features the annual general meeting of the Canadian Condominium Institute and its national awards banquet dinner.  Condo unit owners, directors, managers and professionals from coast to coast will be on hand.

I am excited to be speaking on how to build responsible digital communities.  Be sure to attend this super session to find out how to make best use of social media tools and avoid pitfalls and traps while enhancing communication at your condo.

Mark Arnold is moderating a panel on condo mediation and arbitration in human rights disputes, which is becoming an increasingly hot topic.

Bob Gardiner will be moderating the ever-popular Ask the Experts panel on Saturday afternoon.

Saturday's keynote speaker is Major-General (Ret.) Lewis Mackenzie, one of our country's most notable peacekeepers. Not to be missed.

Gardiner Miller Arnold is proud to be a Silver sponsor of the conference once again, and 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, see our mugshots here so that you will recognize us. We look forward to meeting you.

The details for Mark's program and mine are below, but visit www.condoconference.ca to view the full conference program, exhibitors list and registration details.

See you there!

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In late July, the Ontario Government launched a survey to learn about the experiences of condominium unit owners across the province. This survey will likely have a significant impact on whether or not the government considers reforms to the Condominium Act.

The survey covers a broad range of condo issues, including:

• Disclosure before Purchase
• Governance / Decision making
• Repairs and Maintenance
• Reserve Funds & Planning
• Dispute Resolution / Interaction with Board
• Owners' knowledge of Condo Act

These are all issues with which every condo owner has at least some experience. To be sure, more than 3,100 owners have reportedly completed the survey to date.

In addition to giving owners the chance to air their beefs, the survey also offers a number of educational tidbits designed to clear up common misconceptions shared by unit owners. This feature alone makes the survey a worthwhile exercise for owners, even those that don’t have strong feelings about condo living.

The survey closes on October 31, so this is the final opportunity to participate and help government determine if legislative reform is required. You can participate online here or by telephone.

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In addition to the court decisions and newsy items we posted earlier this week, some great tips were posted over the summer that should be of interest to condo property managers, directors and unit owners and prospective condo purchasers.  With such a rich and wide variety of sources, the below items just start to scratch the surface.

Tips and resources for property managers and condo boards

RT @condobusiness Video: Not enough $$ to cover repairs? Genivar and Morrison Financial provide options for reserve fund shortfalls http://bit.ly/b3qg3g #condo

Good article on how to welcome new board members http://bit.ly/aggWIC (via New England Condo mag)

No prob with the rules - it's how you enforce! RT @Buildium: Hey property managers -- Check out Top 7 Insane HOA rules! http://bit.ly/b6SWbp

RT @habitatmag Co-op / Condo Boards: What are the 9 things every new-resident welcome package should include? Find out now... http://tinyurl.com/2dlzg3l

Local property managers speak at roundtable discussion on condo security:    http://bit.ly/cbTm9N    (Canadian Security Magazine)

RT @OntMinLabour Employers! A new online tool for you: Interactive Employer Workbook.  http://tinyurl.com/2wppt94

Shattering common myths about workplace entitlements in Ontario - http://bit.ly/9DiqAm

Condo boards should budget accordingly - Steep Increases Forecast for Ontario Electricity Prices    http://bit.ly/9yyxoK

RT @hoamgtcom: When searching for new property management how to find the Best (Not Necessarily the Cheapest) Management Company http://bit.ly/cGd6Qb

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To help you sift through the newsy stuff more quickly, we have started to sort the entries by region:

1. Ontario
2. Canada
3. International

Remember that this is only a smattering of what's published online each day and represents what we think to be the more interesting pieces. Consider following some of the providers cited below to get news and commentary more suited to your particular interests, or follow me on Twitter to get real-time updates.  

Ontario

Almost municipal election season in Ontario. Condo Act sec 118 allows candidates to canvas in condos - http://bit.ly/ayfZCG (yourhome.ca)

The verdict from the Toronto mayoral debate at Canadian Condominium Institute today:  http://bit.ly/bp2CsU (thestar.com) #voteTO

RT @RyanTotesau: Condo City - What does this mean for Toronto's singles?  http://tinyurl.com/37c8mdp

Brantford condo owners praise city for good municipal services: http://bit.ly/b089b1 (via @BrantNews)

Condo board botches fire system upgrade; owners steamed. Ottawa condo owners raise alarm: http://bit.ly/9oSLyV

OHSA charges laid against contractor & supplier in Xmas Eve platform collapse that killed 4 workers  http://bit.ly/aVPpDk. Hattip: @lisastam

Hamilton changes rules to let condos apply for financial grants to restore historical buildings:  http://t.co/caOf96C (via @thespec)

Another case of board failing to communicate with owners. Condo residents back former superintendent: http://t.co/sQcOdH2 (@OttawaCitizen)

Dumb. Why not focus on going forward? Ottawa: Fight to reinstate condo superintendent continues:  http://bit.ly/9zoIlR

Survey will reveal that people don't know what they're buying into. RT @nationalpost: Condo can't-do http://natpo.st/9xmcHk

Owners at Hamilton converted condo hit with $10K special assessments to repair concrete in garage  http://bit.ly/aPbT8D (via @TheSpec)

Sour grapes for being asleep at the switch? Owners of Toronto condo under court administration to stage rally: http://bit.ly/d55kXJ

RT @condobusiness City of #Toronto recognizes Brookfield energy reduction initiatives http://bit.ly/9vXQVF

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It’s been two long months since we’ve featured the best of our twitterfeed, so a lot of great material has accumulated. In order to break this stuff down into digestible bites, we’ll divide it into three separate posts, sorted by category.  

Due to popular demand, we plan to use at least three standard categories to help busy condo folk and profeessionals focus on the microblog items of greatest interest to them.  Our first categories are: 

1. Court and Tribunal Decisions
2. News and Commentary
3. Tips and Cool Stuff

Further categories will be added as appropriate.  Your tips and comments are always welcome.

Without further ado, let’s start with court and tribunal decisions from around Ontario and across Canada.

Court/Tribunal Decisions

Despite the beautiful weather this summer, lawyers, courts and tribunals have been hard at work. The proof is in the number of condo-related decisions released since July 30. Here are some of the best.

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As we enter the final four weeks leading up to the Toronto municipal election, the sparks are about to fly in the mayoral campaign.

While this year’s race for mayor has been one of the most interesting in recent history, 36% of voters are still undecided and no one knows much about the candidates’ positions when it comes to the issues that affect condo unit owners specifically.

Issues like garbage fees, municipal taxation rates, city services and future development policies directly and specifically affect the lives and finances of condo dwellers in our city. Why these kinds of issues aren’t front and centre in the mayoral campaign is baffling, since Toronto is home to over 2,100 condo corporations containing tens of thousands of units and hundreds of thousands of voters. The candidates should be ready to take notice and address these issues that face the condo-dwelling electorate and explain why they deserve your vote.

Luckily, the Toronto Chapter of the Canadian Condominium Institute is holding a special debate focused on condo-related issues. All the major candidates will attend. Come out and make sure these guys know for sure that condo unit owners want their voices to be heard.

When:  Thursday, September 30, 2010 at 2:00
Where: Novotel North York Hotel, 3 Park Home Avenue, Toronto
Why:      Find out who understands and can properly address condo issues
Cost:     Free, but you must register now!

A number of special condo-related questions will be put to each of the candidates and questions may be taken from the floor. Better yet, submit your own questions in writing when you register today. Don’t miss this unique opportunity to find out which candidates understand the needs of condo unit owners and who deserves your vote.

Update (10/16):  Visit CCI-Toronto's site here to see the questions and hear a recording of the candidates' answers!

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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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Welcome to this special "G20 - Get the hell out of Toronto" collection of microblog posts.

Seeing as how downtown Toronto will be "no man's land" for much of the week and all weekend, now seems as good a time as any to skip town and take some holidays.  I'll see you next week.

For those of you "working from home" this week, here's some fun reading.  Recent big topics include Bill 168 (Workplace violence and harassment), human rights, smoking and, of course, the big summit itself.

Spoke with Jennifer Yang at @TorontoStar about the impact of#G20 on condos in #Toronto. Follow @Star_G8G20 for news and visit their blog.

Just spoke with @JeffreybGray, law reporter at @Globeandmail, about our firm's preparations for the #g20 summit and a bit about condo law.

Closing a real estate deal in Toronto on June 25? You might want to change the closing date because of #G20: http://bit.ly/aYOw9g

Toronto Councillor warns downtown condos to check that their insurance covers damage from civil unrest before #G20 -http://bit.ly/aPoz4l

RT @LizMo: Bah, security gates going up around my condo for the G20, the condo board "strongly suggest getting away for the week."

Barbarians at the gates! Toronto waterfront condos considering their own #G20 summit fences: http://bit.ly/d92q6Z (via @metrotoronto)

Toronto condo in the "dmz" braces for chaos: RT @Star_G8G20: A first-person account of life on the #G20 barricades: http://tiny.cc/zai5v

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Lots of stuff from our microblog over the past month.  Here are some of the juiciest entries to enjoy over the long May weekend:

ONSC: Occupant ordered to remove pets from condo unit and pay $19K in costs. Ouch! http://bit.ly/9VALIa

Stupidity by condo board. RT @canetwork: FL: Insurance Canceled (to save money) at Condos Destroyed by Fire - http://bit.ly/9BfQfW

RT @calinambrus: Condo board lords. Each condo has one, and you know what they say: If you can't beat them, join them: http://ow.ly/1Hzjk

RT @NewlovelyPets: Baltimore condo board considers dog DNA testing to catch culprits neglecting to scoop dog poop:http://bit.ly/bVAIoD

Rebuild/repair planned for burned-out condo - $28K deductible per unit req'd for entire rebuild: http://bit.ly/axTbiB (via @metrocalgary)

RT @MortonsMusings:  Litigation as an elaborate game of chicken: http://bit.ly/cEoanW

With just 2 months until #HST Day, he tells the truth - HST will hit family budget, McGuinty admits:  http://bit.ly/atB8oH (@TorontoStar)

RT @condobusiness: @deanmccabe, reg'l manager for Brookfield Residential talks about the impact of HST for condos: http://bit.ly/bexKnx

From HST Blog: Landlords Not Happy about HST and are Asking Tenants to Leave: http://bit.ly/ajVQoG

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The G20 Summit will take place at the Metro Toronto Convention Centre in downtown Toronto on Saturday, June 26 and Sunday, June 27.

Word on the street is that demonstrations and disruptions related to the event will take place from June 21 to 28 in various parts of the city. These activities are expected to cause pedestrian and vehicle traffic delays, interruptions to public transit and GO Train service, road closures and possible PATH closures. In addition, access within the security zones will be severely restricted.

Today's Toronto Star reports about the uncertainty faced by the one and only residential condo that will be within the actual security cordon and the likely restrictions those residents will have to face in order to get home after work. 

My firm’s home base is in a highrise office tower on Bay Street around Queen, which is at the north end of the financial district and just a couple blocks north of the likely extent of the security cordon. In anticipation of the excitement later next month, our landlord recently circulated a memo with the following advice to tenants:

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Like most people attending PM Expo Springfest at the Metro Toronto Convention Centre on April 28, I was a little surprised by the strong police presence both outside and inside the facility. It turns out that the extra security was for the Barrick Gold shareholders’ meeting taking place that morning in the conference hall next to ours.

Anyhow, there was an excellent turnout of over 1,500 property managers and condo directors, all of whom probably felt much safer knowing that this huge police detachment could probably protect us from any unhappy condo unit owners ready to riot over the carpet pattern chosen for the corridor refurbishment project in their buildings.

I was lucky to sit on an all-star panel sponsored by CCI-Toronto to talk about “What’s Right and What Needs Improvement in the World of Condos” from the perspectives of four different segments of the condo industry. Here’s a recap of some key takeaway points from the speakers:

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Here are some of the more newsy condo-related items tweeted on our microblog since mid-March.

Human rights litigation emerging as cost concern for small/medium businesses: http://bit.ly/cTNJJ6 (via @globeandmail) - Same for condos!

Renters to be shielded from impact of HST on utilities (via @torontostar): http://bit.ly/cetwHy - But condo unit owners have to suck it up! 

RT @RmarcheseMPP: Does your Trinity Spadina condo have an AGM coming up? Let me know--I'd love to come and chat with you and the other residents. 

We hope his Toronto project fares better - Trump condo-hotel in Ft Lauderdale faces foreclosure (via SunSentinel) - http://bit.ly/drcn1L 

Workplace Violence and Harassment update - RT @lisastam: New fact sheet from Ontario Ministry of Labour on Bill 168 - http://bit.ly/c73NM2 

RT @OntMinLabour: Workplace violence compliance guideline now available from MOL - http://tinyurl.com/ycpawnx

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Does your condo have what it takes to be Condo of the Year?

If so, Canadian Condominium Institute - Toronto and Area Chapter wants to hear from you. They’re accepting applications until May 1, 2010 for the last quarter finalists.

$5,000 is up for grabs, together with a customized street sign.  What's more, however, is the prestige of being known as one of the best-run condos in town.

Criteria for this award include:

• Effective Use of Committees
• Communications
• Forward 'Thinkingness'
• Good Governance
• Social Fabric of the Community
• Energy Initiatives
• Consistency
• Environmental Concerns
• Any other unique approach or program

Visit CCI-T’s website here for more details.  Good luck to all entrants!

Any Canadian condo corporation whose board and owners want to be heard by government, have easy access to leading experts and top notch condo education should consider joining their local chapter of CCI. With 15 chapters across Canada, there’s one near you.

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For your March break reading pleasure, here's a big bunch of tweets from our microblog:

Condo corp operating Pacific Mall in Markham announces ambitious plan to double its size and add a hotel operation - http://bit.ly/b5wmS6

Condo dustup over girl’s chalk pictures draws ire - Resident told to erase sidewalk art (via @OttawaCitizen) - http://bit.ly/cEipU5

CAI: "Overwhelming majority" of Americans are satisfied with the governance, management of their community ass'ns - http://bit.ly/ccS0cG

Condo board sues after sex toy salesman turns swank Tribeca condo unit into raucous nightclub (via NY Daily News) - http://bit.ly/djhDB6

Condo Living: Some people aren't meant to share common walls, ceilings, floors with strangers - (via @chicagotribune) http://bit.ly/91bmv9

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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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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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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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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:

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I'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:

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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.

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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.

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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.

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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!

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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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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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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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):

• Day 1, the economy
• Caselaw roundup, part 1
• Reporting liability claims
• Day 2, the economy (again)
• Alternative dispute resolution
• Caselaw roundup, part 2
• Alphabet soup, more on economy

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.

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The 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.

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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:

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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.

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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.

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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.

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