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

Do Away With Community Directory -- Does any condo still publish an owners’ directory? If so, Ohio condo lawyers Kaman & Cusimano suggest that you rethink the wisdom of that decision.

Smoking in Community Associations -- This topic has grown legs in recent months and will continue to gain momentum.   The folks at HindmanSanchez’s HOA Legi-Slate blog feature a meaty NY Times article on the growing movement to ban smoking in multi-unit residential buildings.

“Smoking and condominium associations” -- Another smoking piece, this one from Patrick Brady at the MEEB law firm in Boston, discusses the developing trends in American lawsuits over smoking in close quarters and gives some insight into the state of the law on this growing issue and where it’s going.

Getting the Scoop on that Poop -- CSI comes to Condoland. The blogosphere and Twitter were abuzz last month with the story of the Baltimore condo considering (then rejecting) DNA testing to help identify the source of dog poop on common elements. Lincoln Hobbs of Utah reveals that the idea is not so crappy after all!

HOAs Going Green with a bit of Kicking and Screaming -- In a guest post on the Construction Law Musings blog, Arizona community association lawyer Roger Wood discusses the difficulties of “going green” from the perspective of boards of existing condos and HOAs. Whereas life is easier for the new developments that are built with green technology, existing associations seem doomed to stumble through the conversion process.

How to Deal With a "Crazy" Board of Directors -- After tackling the issue of dealing with crazy owners earlier this year, Daniel Zimberoff at the Northwest Condo and HOA Law Blog turns the tables and shines the light on the boards. 

Goat Dispute Highlights Best Practices for Covenant Enforcement -- Seattle condo lawyer Kevin Britt reminds boards to think carefully when confronted with a potential rule violation. 

An Ombudsman For Everyone? Apparently Not – Colorado HOA lawyer Mark Payne reports on that state’s trials and tribulations in passing law to appoint an HOA information officer.

Overhauled Ombudsman Bill Passed by the Senate – Molly Healy-Jones of Colorado’s HOA Legi-Slate blog gives more details about their new ombud law.

Skype and ROC Board Meetings – Florida resident-owned community lawyer Scott Gordon extols the virtues of using Skype as an inexpensive and efficient way for board members to hold meetings. Good stuff.

Thoughts Regarding the 2010 CAI Conference – In the recently-launched Condominium Insurance Law Blog by Merlin Law Group in Florida, Corey Harris reflects on the successes and continuing importance of the Community Associations Institute.  

CAI Soars At 30,000 – Over at CAI’s own blog, president Tom Skiba sums up his organization’s past year of growth and successes, capped by a very successful annual conference. Congratulations to CAI.

What Generation are Your State’s Common Interest Laws? – American condo/HOA law buffs will value Lincoln Hobbs’ observations about how to date or classify the community association laws of each state.

What were they thinking? Going without insurance is not an option – Donna Berger leads the head-shaking about the story of the Florida condo that cancelled its insurance policies to save money and was subsequently destroyed by fire.

5 Things Every Buyer Should Know about Model Suites -- Toronto realtor Andrew la Fleur shares some suggestions to help prospective new condo buyers avoid being flabbergasted by developers’ model suites.

Board Members: Making the Difficult Decisions – Oregon lawyer Michael Montag correctly points out that “as an HOA board member, you’re constantly between a rock and a hard place.”   He then offers some strategies for getting out from under the rock.

10 questions to demand of your board candidates – New York realtor Malcolm Carter suggests 10 questions to help unit owners decide whether to re-elect board members. Hopeful incumbents would be wise to answer these questions in their campaign speech.

Honesty & Transparency in Association Governance – Michigan condo and HOA lawyer Robert Meisner shares a tale of a condo board passing budgets and making decisions with a clearly apparent lack of process and procedure.   This kind of situation occurs all too often and creates mistrust and suspicion among owners, leading to serious divisions in the community.

Condominiums and Second Hand Smoke Claims – Mark Wiechnik of Stark & Stark summarizes the leading cases on second hand smoke in condos, including a Canadian case, and offers his prediction of what may result and how those cases might impact condos in New Jersey (and everywhere else!). 

Spiteful Conduct by Board Member – This Q&A on the Virginia Condo and HOA Law Blog offers some guidance on the potential liabilities that arise by vindictive conduct of a board member.

 "Not by the Hair of my Chinny-Chin-Chin!" – Is this the answer your manager gets when trying to make entry to a unit?   Check out California lawyer David Swendelson’s suggestions before huffing and puffing.

When Condo Fires Strike...... – Lawyer Stuart Lieberman recites some of the considerations that come to mind when you put “fire” and “condo” in close proximity to each other.

Keeping Your Association Afloat: Implementing Hardline Collections Tactics – Effective collection of common expenses is critical.   Sarah Lappin at the Vial Fotheringham blog suggests that misguided soft-heartedness shouldn’t be allowed to destroy your condos finances.  

CMCA Program Achieves National Accreditation – The Community Associations Institute announces on their Ungated blog that their professional designation for community association managers (“CMCA”) has received special national recognition. Congratulations to CAI on this achievement!

The Challenge of Structural Distress in Aging Buildings – Florida condo construction litigator Alan Tannenbaum warns that most Florida condos are unlikely to meet the 50-year lifespan predicted by studies. He offers advice on how to stretch out those years.

Lenders and Squatters Accessing Homes Prior to Foreclosure -- Daniel Zimberoff of the Northwest Condo & HOA Law Blog highlights a common problem facing American community associations in areas where the housing market crisis shows no signs of abating.

Show Me The Data – An "overwhelming majority" of Americans are satisfied with the governance and management of their community associations, according to a survey reported on the Community Associations Institute blog. Check out the data. Would the results be similar on this side of the border?

Private Rights or the Economic Survival of the Community—Which comes First? – Tyler Berding posts an interesting exchange on the Condos in Crisis blog about whether homeowner associations are undemocratic, and whether the answer matters or not. What do the anarchists in the crowd have to say about this?

Is your community considering an automated external defibrillator? – Florida condo lawyer Donna Berger outlines the relevant factors to consider. Keep in mind that Ontario passed a “Good Samaritan” law in 2007 related specifically to defibrillators. Look into getting one of these life-saving devices.

When Homeowners Associations Attack -- Seattle condo and HOA attorney Kevin Britt offers advice to help directors avoid finding themselves the subject of a news headline like "HOA Sues Former Board for $70 Million."

There's No Such Thing as a "Slam Dunk"! A True Story -- California Condo & HOA lawyer Beth Grimm offers an important reminder about condo litigation. Her advice: Don't Get Bamboozled Into A Lawsuit! 

When Homeowners Associations Attack -- Seattle condo and HOA attorney Kevin Britt offers advice to help directors avoid finding themselves the subject of a news headline like "HOA Sues Former Board for $70 Million". 

Warning Buyers about Noisy Neighbours -- Brian Madigan of the Ontario Real Estate Blog offers a realtor’s perspective on one of the most bedevilling situations for anyone trying to sell a property.

Coping with the Demands of an Aging Population -- The estate lawyers at Hull & Hull highlight the most recent reports on the growing cost of our aging population.   Are condos going to be impacted by this demographic phenomenon?   You bet.

ROCs and Civil Rights -- Scott Gordon of the Resident Owned Community law blog shares his experience visiting the National Civil Rights Museum and reflects on the important connection between civil rights and community living.

Recognizing the Fraud Triangle -- Increase your vigilance. Florida condo lawyer Donna Berger highlights some telltale signs of fraud and how to spot them. 

CCAL Seminar -- The Case Law Update – Utah condo lawyer Lincoln Hobbs blogged about the presentation of the past years' top condo/HOA cases at the US College of Community Association Lawyers' annual law conference. Other seminars were reported, including CCAL Law Conference -- The Unauthorized Practice of Law.

The 2009 Home Renovation Tax Credit and Condominiums – It’s tax season again, and property manager Tracey McLellan offers some suggestions for reporting and claiming the HRTC.  

Dealing With "the Crazies" Within a Homeowner Association -- Daniel Zimberoff at the Northwest Condo & HOA Law Blog offers some advice for what is probably a remarkably rare situation that is seldom faced by condo boards and mangers. 

The Sword, the Shield, and the Guide - Working with the Association's Attorney -- Kevin Britt of the Seattle Condominium and Homeowners Association Attorney Blog identifies and describes three distinct roles that a lawyer can fill when acting for a condo or community association.

Make indoor air quality test a standard part of real estate purchases -- Bob Aaron notes that people are becoming increasingly aware of the dangers of radon gas but that indoor air quality is not yet dealt with as part of real estate transactions. He also describes a number of ways to test for radon.

Enforcing CC&Rs Through Electronic Surveillance -- Daniel Zimberoff of the Northwest Condo & HOA Law Blog suggests that better surveillance may lead to better compliance with covenants, conditions and restrictions and can simplify rule enforcement cases.

Condominium corporation approval for hot tub not needed? -- Toronto Lawyer and blogger James Morton shows us the guts of the Ontario Court of Appeal’s decision in the famous hot tub case of 2009, WCC 198 v. McMahon.

Well... Everyone Knows It: The Testimony of a Mold Expert -- Mark Wiechnik of Stark & Stark’s New Jersey Law Blog takes on the popular conception that toxic mould causes serious health issues in humans. Judging from the number of lawsuits, mould seems like the bogeyman of our time, notwithstanding that the link between mould and harm to human health is far from clear. A provocative piece.

How To Enforce Civil Judgments in Ontario – If you ever wanted to learn about how we turn a court order into money in the bank, see this entry by Toronto insurance lawyer Pamela Pengelly on her Res Ipsa Loquitor blog.

What does it mean to owe someone a fiduciary duty? - Florida HOA attorney Donna Berger discusses this commonly-used term and the obligations of condo directors. In a separate post called What should be expected of owners in community associations? she then lists some basic obligations of unit owners that should be common sense but are forgotten or ignored too often.    Fairness is a two-way street.

ROC Boards Should Use Common Sense and Compassion When Enforcing Rules - Scott Gordon of the Florida Resident Owned Community blog cites a recent example of a board acting sensibly in a rule enforcement situation.

The Mezuzah Conundrum - Religious Fixtures on Common Element Doorposts - Bradley Chaplick of Fine & Deo illustrates a delicate scenario that requires a delicate touch when it comes to declaration and rule enforcement. 

Toronto-area readers may wish to get their snow shovels ready.   The winter weather is finally about to begin.  

Use Prepaid Credit Cards for Online Purchases -- Canadian Capitalist suggests using prepaid credit cards to minimize risk when shopping online. My thought:  Condos that provide their superintendents with a corporate credit card for emergencies or purchasing supplies could use prepaid cards instead to help lessen the chance of a huge unauthorized bill and to protect against theft. These cards might also be a good gift idea.   Compare the costs and features of the most popular pre-paid cards at Million Dollar Journey's entry on Prepaid Mastercard and Visa Credit Card Comparison.

HOA Boards Often Approach Me with a Plan and a Question – The lawyers at northwestern US law firm Vial Fotheringham lament the fact that too many HOA boards enact a plan first, and then ask their lawyer “can we do this?”  Good discussion on the scope of a board's authority.

Before Buying Into a HOA or Condo Association... – What due diligence would “The Donald” conduct before buying a condo? Find out by reading this entry on the Trump University Blog.

Mold and Water Damages Often Expensive to Repair – Lisa Magill at the Florida Condo & HOA Law Blog offers practical suggestions to avoid commonly encountered mould problems when owners leave their units for prolonged periods (or for good).

Directors and Officers Coverage is Not the Same as Fidelity Coverage – Lincoln Hobbs of the Utah Condo Law Blog speaks the truth.