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WHEN A CONDO OWNER GOES ROGUE - PART 1

We work with a Condominium Corporation in the City of Ottawa that has spent over two years litigating with a particular unit owner, who, in our view, has simply gone rogue. What started out as a dispute over a $450 back charge to remove a flower box, which was an unauthorized alteration to the common elements, quickly spiraled into a convoluted web of litigation – all perpetuated by the unit owner and what appears to be her personal animus towards her Board of Directors and the Property Manager.

The dispute between this unit owner (who goes by a variety of aliases but for our purposes let’s call her “M.S.”) and Carleton Condominium Corporation No. 116 (“CCC 116”) began in the spring of 2015, when M.S., without permission from CCC 116, installed a large flower box on the common elements in front of the unit. The flower box did not comply with any of the acceptable options in place by CCC 116 via its longstanding rules, and there was no acquiescence by the Corporation in enforcing its rules.

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The Insurance Myth

Subrogation and deductibles and standard units – oh my! The language used in insurance policies can be even stranger than being in Oz; but once you draw back the curtain, you can see that the magic isn’t all that complicated after all.

With the changes coming to the Condominium Act, 1998 (the “Act”), specifically those changes coming to Section 105, there has been a flurry of activity on Boards to enact insurance deductible by-laws before the ability to do so is taken away.[1] Hand in hand with this activity has been a renewed dialogue between Owners and Boards regarding just what exactly is covered by the condominium corporation and what Owners need to take care of themselves. 

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NEWS: Marc Bhalla appeared on Zoomer Radio's Family on Air program

July 10, 2017

Marc Bhalla  appeared on Zoomer Radio's Family on Air radio broadcast on Sunday, July 2nd. 

The show, hosted by Ari Kaplan, focused on Neighbourhood Noise and Marc spoke to his experience with condominium mediation.

You can hear Marc's participation in this radio show at the 19:12 mark in the podcast recording of the episode, available below.

Please click here for more information about the Family on Air radio show.

 

 


 
All of the information contained in this article is of a general nature for informational purposes only, and is not intended to represent the definitive opinion of the firm of Elia Associates on any particular matter. Although every effort is made to ensure that the information contained in this newsletter is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.

www.elia.org  

© Elia Associates Professional Corporation, All Rights Reserved.

 
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 All of the information contained in this article is of a general nature for informational purposes only, and is not intended to represent the definitive opinion of the firm of Elia Associates on any particular matter. Although every effort is made to ensure that the information contained in this newsletter is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.

www.elia.org  

© Elia Associates Professional Corporation, All Rights Reserved.