Andrea Lusk

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An owner brought a CAT application alleging she was experiencing unreasonable noise from a common element garage grate and unreasonable noise, odour, smoke and  vapour from a common element industrial vent.  At Stage 3, the condo made a preliminary submission that the CAT did not have jurisdiction to hear the dispute because it was a…

The Condominium Authority Tribunal (“CAT”) and Superior Court operate on virtual platforms, with CAT hearings typically concluding via written argument.  These forums have their own rules and directions and, occasionally, comments from adjudicators to guide process.  This decision from the Superior Court comments on using written materials efficiently and to win in modern practice.

Gone…

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?

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Continue Reading Collecting unpaid shared condo costs

In November 2017, the Condominium Authority Tribunal (“CAT”) was born as Ontario’s first fully online tribunal.  “How would we manage this weird new thing?” we thought.

What started as a records dispute venue has now evolved into a place for pets, vehicles and storage and, most recently, unreasonable nuisances, annoyances or disruptions.

With the growth of the subject matter, we also see a slow but promising trend in cost recovery.  For a few years no costs were ordered for defending or bringing applications except in very, VERY rare circumstances.

The CAT can award costs up to $25,000.

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Continue Reading CAT – a study of growth in a consent order (and costs against an owner)

We saw “condo meeting” cases before the court in 2021, seeking procedural directions or injunctions to stop them.

For each case that made it to a judge, more cases were negotiated between condo lawyers and owner lawyers, at a cost to both parties. The negotiations often aimed for meeting transparency from notice through vote tabulation.

The Condo Act is silent on many issues management, boards and owners face in navigating meeting minefields.  We turn to rules of order, past practice and common sense.  Here are some of the common questions and issues we have recently encountered.

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Continue Reading Condo meeting minefields