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

Continue Reading Microblog posts to 7/30/2010

As the second part of our series of posts on new home warranty claims by condo corporations, we discuss why condos are better off seeking proper legal advice before making warranty claims for construction deficiencies.

Dealing with construction deficiencies is one of the largest and most critical tasks that the board of any new condominium must face in the first few years. It is therefore surprising to find that when it comes to dealing with construction deficiencies in the common elements of new condominiums, most condo boards simply start and follow the claims process under the Ontario New Home Warranty Plan (“Tarion”), a program that is notoriously ineffective, unresponsive and unsatisfactory when it comes to so many common issues faced by new condominiums.

Even more surprising is that condo boards often embark on the Tarion claims process without first asking the corporation’s lawyer to outline the pros and cons of proceeding with a claim to Tarion rather than commencing a lawsuit in court to recover damages for construction deficiencies. In fact, many corporations pursue much of the Tarion warranty claims process without the help of a lawyer at all, simply because it is not mandatory to use a lawyer for such cases.

Continue Reading 10 reasons why condos should get legal advice about warranty claims

123In addition to heat waves and holidays, this July brings important changes to coverage for new condominium projects under the Ontario New Home Warranty Plan, better known as Tarion. There is also news that additional changes to the warranty plan are being considered.

In this entry, we will cover new regulations now in force that affect the Tarion warranty. In a separate entry, we will discuss why condo corporations need to make better use of their lawyers when it comes to dealing with construction deficiency issues.

For the hat trick, our third entry on new home warranty coverage will feature Tarion’s call for submissions to their public consultation about the major structural defect warranty. Anyone wishing to get started on this topic now can get the details here. An August 12 deadline for submissions is looming.

Let’s start with the new regulations that are effective immediately.

Continue Reading Changes to Tarion warranty: What condo directors and managers need to know

Here, for your early summer reading pleasure, are some of the most thought-provoking pieces from the condo law blogosphere last month. 

Community Needs Cosmetic Surgery — Mike Inman of the Virginia Condo & HOA Blog suggests a good thought process for boards to follow in deciding whether and how to conduct renovations at their complex.

How to Effectively Run a Board Meeting — Are you looking for a way to shorten those agonizing board meetings that go nowhere and don’t end?   Try some of the tips offered by Ashley Yorra of Vial Fortheringham and bring order to chaos.

Can Owners View Draft HOA Meeting Minutes? — The answer is not cut and dry, according to this article on LeClairRyan’s Virginia Community Association Law Blog.

When the Board Should Really Call the Association Attorney – Part I –In a two part series, Donna Berger provides helpful examples about when to call the lawyers. Part II is here.   Don’t be penny wise and pound foolish!

Continue Reading Best of the blogosphere for June 2010

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

Continue Reading Microblog posts to 6/20/2010

A recent Ontario Superior Court decision clarifies how to quantify the “additional actual costs” incurred by condo corporations in obtaining compliance orders under section 134 of the Condominium Act, 1998.  

In MTCC 985 v. VanDuzer, the corporation was successful in obtaining a compliance order requiring the unit owner to remove a gazebo erected by an owner on exclusive use common elements.

Having decided the case in favour of the condominium corporation, the Court said the following about costs:

Continue Reading Court clarifies full costs recovery provision

This month’s best of the blogosphere collection contains a blend of the latest news, time-tested advice and some recurring issues.

The Gulf Oil Spill: Prepare for the Worst – Hope for the Best – John Cottle of the Florida Condo and HOA Law Blog offers tips to community associations in the areas affected by the massive oil spill in the Gulf of Mexico.

Embezzlement Prevention Strategies from Accountant Andrew Cohen – Seattle condo lawyer Kevin Britt posts some tips to help boards prevent fraud. This topic never gets tiresome, given the rising number of frauds being reported.

Fake Security Cameras – A Good Idea? – California condo law guru Beth Grimm takes a shot at this question.  

2010 Hurricane Preparedness Guide for Community Associations is Now Available!! – Just in time for hurricane season, the Community Advocacy Network of Florida has posted a sensible guide to preparing for disasters and how to respond to them. Some good ideas here to help batten down the hatches.

Continue Reading Best of the blogosphere for May 2010

The spring edition of GMA’s quarterly Condo Alert! newsletter is ready.  

Topics include:

  • Extricating individual directors and managers from human rights claims
  • When does a condo lien cause slander of title? 
  • Single family use provisions and the Human Rights Code
  • Alterations: Stay or go?

Bonus feature: Discover the secret location where Bob Gardiner does his best work

Download a pdf copy here.

With only a month before the dreaded HST kicks in, Warren Ragoonanan offers a more positive take on the looming new tax.

Let us know what you think.  Submit a comment using the form at the bottom of the page.

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The Harmonized Sales Tax, which comes into effect on July 1, 2010, may be a cause for concern for consumers, including condo corporations. The HST combines the 5% GST and the 8% PST into a single tax, which means that many consumer goods and services that were PST-exempt will now be subject to the higher 13% tax. 

Continue Reading HST as an opportunity to save money