Toronto often ranks amongst the dog-friendliest cities in the world. Sadly, this sentiment does not necessarily apply to condos in the city. Through its governing docs, condos can impose an outright prohibition on dogs from entering the premises; it can also impose weight, size or breed-related prohibitions. However, these prohibitions do not take precedence over
Core doors, corridors and court orders – court won’t interfere with condo’s decision on uniformity of appearance of unit exteriors
Owners are not allowed to modify the common elements as they please. Though owners have broader rights regarding their individual “units”, the line between “units” and “common elements” can often blur, leading to escalated disputes.
In Carleton Condominium Corporation No. 132 v Newton , an owner installed a new garage door and front slab door
Fighting fire with fire – Eviction under the Condo Act remains exceptionally rare
Before CAT, condominiums typically brought compliance applications under s. 134 of the Condo Act to force unwilling residents to comply with the Condo Act and the condo’s declaration, by-laws and rules. And beyond ordering compliance with the Condo Act, declaration, by-laws and rules, judges have the broad discretion to “grant such other relief as is
Collecting unpaid shared condo costs
The lien regime to collect arrears against a defaulting unit owner is straightforward and codified in the Condo Act and common law – there’s a default in common expense payment, a lien arises automatically, a certificate of lien is registered against title to the defaulting unit and then enforcement may take place in the same manner as a mortgage. That culminates in selling the unit via notice of sale if collection is otherwise unsuccessful. This process works because there are avenues to collect and enforce even if the owner flat out ignores the condo’s efforts. So long as the proper notices are given, the condo can proceed absent an owner.
But what can condos do when other condos are in arrears of shared costs and ignore communication and collection?
Condo neighbour disputes don’t belong in the courts
A recent court decision confirmed that disputes between neighbours should not be adjudicated by the courts as the first step (unless there is injury or danger to others or property). Parties should instead pursue mediation and arbitration. We have written on the proper forum for condo disputes before (see here and here) but this case demonstrates that adjudicated proceedings won’t always resolve squabbles between neighbours.
Neighbouring owners (let’s call them, A and B) have a history of alleged name calling, banging on a common wall, harassment and racist taunts. The condo corporation took neighbour B’s side despite “she said/she said” allegations and started an application for order requiring neighbour A to sell their unit or to comply with the rules. Neighbour A moved to stay the application pending mediation and arbitration.Continue Reading Condo neighbour disputes don’t belong in the courts
Reporting unlicensed short-term rentals
We recently blogged about the mandatory registration for short-term rental operators in the City of Toronto. You can read it about it here.
You can now report short-term rental addresses that are operating without registration, not used as a principal residence, unsafe, causing a nuisance or for other non-emergencies, using 311’s online
Mandatory registration for short-term rental operators aids condo enforcement
The City of Toronto has recently announced that the registration system for short-term rental operators or hosts will launch on September 10, 2020. Homeowners who rent their principal home or condo on a short-term basis (a period of less than 28 consecutive days) must register with the City by the end of year and renew
Re-opening amenities – Is signing a waiver enough?
As of August 15, 2020, gyms and recreation spaces are allowed up to 50 patrons for each indoor sport or fitness room, with physical distancing of at least two meters.
Now that Ontario has eased gym restrictions, condominium corporations should review their amenities reopening protocol, which might include a requirement that users sign a waiver of liability before being allowed access.
But are waivers enforceable?Continue Reading Re-opening amenities – Is signing a waiver enough?
Mandatory masks and COVID-19 Protective Measures policies
When the City of Toronto first enacted its mandatory mask by-laws, condominiums were noticeably exempt. But after much feedback, the City of Toronto has amended its mandatory mask by-law to require masks in interior condo common elements such as hallways and elevators. By August 5, all Toronto condominium corporations must adopt a mandatory mask policy.
Accommodating disabilities: What medical evidence is required?
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t is well known that condominiums owe a duty to accommodate persons with disabilities. It is less clear, however, what constitutes adequate proof of a disability. Ambiguous medical notes containing no meaningful details are often the only documentation given to condo boards and managers, who must decide whether the legal threshold for disability is met.
Thankfully, the Ontario Human Rights Commission recently clarified this issue. On February 1, 2017, it released a new policy statement on medical documentation to be provided when disability-related accommodation requests are made.
Continue Reading Accommodating disabilities: What medical evidence is required?