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

 

Continue Reading Microblog posts to 12/10/2011

Each of the 1,000+ attendees at the spectacular ACMO/CCI-T Condominium Conference earlier this month received a complimentary copy of the Conference Edition of our Condo Alert! newsletter in their delegate bag.

In case you missed the conference, you can pick up this special edition newsletter (in pdf) here or by clicking the picture on the right. 

Topics include:

  • Tendering
  • Hoarding in condo units
  • Human rights vs. Health and safety in pools

Our thanks to everyone who attended the educational sessions hosted by GMA lawyers or who stopped to chat with any of us on the conference floor.  We were thrilled to see so many friends (old and new) and we’re already looking forward to next year.  

Condo corporations just can’t seem to catch a break these days.  First there was HST.  Then there is proposed federal flag-flying legislation intended to restrict condos’ ability to enforce their rules. Now more financial grief.

The latest from Ottawa is that Canada Revenue Agency is suggesting potentially new tax treatment of various income streams that most condos receive and the possible loss of the not-for-profit status of condos receiving such income.  If acted on, this proposal would have major repercussions on condominiums and would require greater financial reporting, additional tax returns and collection/remission of taxes when it might not be necessary or worthwhile.  This is just one more costly headache that will complicate the lives of condo directors.

Luckily, the Canadian Condominium Institute is on the case.  Their national finance committee is looking to gather and compile information to help spread the word and, presumably, to help develop a position on CRA’s proposal and advocate on behalf of condos and their owners.

See below for CCI’s call for information that was circulated today.   Please submit whatever useful information you can and be sure that your condo joins the local CCI chapter nearest you.

Continue Reading CCI wants to know: Does the tax man cometh?

In the 10 years that the Condominium Act, 1998 has been in force, the prescribed forms needed for the extraordinary events of a condominium’s life and its day to day operations have been reliably set out in the regulations under the Act.

Until now.

Effective September 1, 2011, the two regulations under the Condo Act were significantly amended. The biggest change is that all of the prescribed forms under those regulations are revoked and users are now referred instead to “the form that the Director of Titles specifies” or “the form that the Minister responsible for the administration of that subsection specifies.”

Continue Reading Where did all the Condo Act forms go?

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

Continue Reading Microblog posts to 10/21/2011 – Decisions and News

In this final week before election day in Ontario, consider how the parties’ positions on condominium issues might influence your vote.

ACMO and CCI-Toronto prepared an outstanding pre-election survey asking the three major political parties to state their positions on major condominium issues. 

See who is in favour of fair taxation for condos.

See who supports reopening the Condo Act.

See who can’t seem to be bothered with condo issues. 

Click here to see the survey (pdf).

Be sure to get out there and vote on October 6.

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:

Continue Reading Unravelling the mystery of mediation – this year at the condo conference!

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.

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.

Continue Reading On lawyers and law blogging

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

Continue Reading Microblog posts to 8/13/2011