To kick off the new year, we’re reviewing the Condo Act  in a series we’re calling “Back to Basics”. We’ll cover common topics and issues that often arise in condo living. So, follow along and we hope you’ll gain an appreciation of these foundational concepts. In Part 1 of this series, we discuss a topic we’re frequently asked about – Section 98 of the Condo Act and owner alterations to common elements. Can owners alter the common elements, such as installing a decorative light outside their unit door or permanent bike rack in their parking space? How? Who pays for it? For starters, owner ..read more

Happy New Year to our readers. We hope 2024 is a year of peace, balance and prosperity. We present our top ten condo law cases of 2023 in our newest issue of Condo Alert! Here’s hoping the past decisions help us in navigating noise, nuisance vs. maintenance, repair and chargeback disputes and promote our oft repeated mantra of “reasonableness in condos ..read more

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 a valid disability-related accommodation request under the Human Rights Code. The CAT’s recent decision in YCC  435 v. Karnis et. al. (here) highlights common positions many condos take when responding to accommodation requests ..read more

John Warren, a long-time Director & Past President of CCI-Toronto, was everyone’s friend in condo world.  He passed away peacefully on September 29, 2023.  John received his CA designation in 1973 and spent 2 years at a large audit firm in Brussels, enabling his wife, Beatrice and him to tour around Europe.  He completed his first condo audit in 1984 – but then proceeded to build a thriving condo audit department at Adams & Miles LLP, Professional Chartered Accountants.  He said, “I realized that I liked condo audits.  I liked the people, the sense of community ..read more

Condo living is unpredictable and there’s always something new…yet I write about chargebacks, indemnity clauses and Amlani all too often. The law is settled: condos cannot charge back enforcement-related costs – specifically legal letters – without a court order, despite how any indemnification provisions are drafted. As the CAT and Courts have reaffirmed: It is one thing to allow the corporation to enforce, by way of lien, common expenses that are applicable to all unit holders and that a majority of unitholders have approved. It is entirely another to allow a condominium corporation th ..read more

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 maintenance and repair dispute under ss. 89 and 90 of the Condo Act.  The CAT partially accepted this:  while the grate issue was dismissed because it related to maintenance and repair, the exhaust from the industrial vent complaint could proce ..read more

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 with glass panels – though the owner had exclusive use of  their garage door and front door, the doors were nonetheless common elements. Section 98 of the Condo Act and the condo’s by-laws required owners obtain the Corporation’s written approv ..read more

The Condo Act requires condominium corporations to insure against damage to the common elements and (standard) units that is caused by major perils such as fire or water escape. Picture this: you come home from a long day at work, only to find your unit flooded because of a broken dishwasher tube. Fortunately, your condo files a claim with its insurance company and the remediation team is already on-site. You happily assume the condo’s insurer is handling the repairs through their policy.   A few weeks later, the repairs are complete but you receive a letter from the condo demanding you p ..read more

Parties seeking costs awards from the CAT must understand that the Tribunal has the discretion to award costs: even if a party is entirely successful on their claim, there is no guarantee it will receive its full costs, if any. In January 2022, the CAT published a practice direction which informs the public how the CAT will exercise its discretion based on the common principles of proportionality, reasonableness and nature of the parties’ conduct. Though the practice direction aims to provide clarity on the Tribunal’s discretion to award costs, a recent CAT decision leaves us with less certain ..read more

In our Spring 2023 Issue of Condo Alert! we look at the CAT’s recent decisions refusing access to records. The often used “litigation exemption” is examined in the context of a longstanding and far reaching dispute between an owner and condo. We also discuss the occasional “director’s request” for records – where an individual director asks to see records an owner would usually be exempt from examining ..read more