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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…

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

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

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 …

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…

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? 

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.…

The Condo Act and a condominium’s governing documents generally give a condo broad enforcement powers to ensure residents are abiding by the rules. Condos often turn to their lawyers to commence expensive legal proceedings as a reliable response to non-compliant residents. In assessing costs against a condo, a recent Superior Court of Justice decision should serve as a reminder to all condos that they should take reasonable steps to resolve disputes.
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Continue Reading Always Act Reasonably – the Amlani Decision and a Lesson from the Court