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October 9, 2009 - By Elia Associates

CONDOCENTRIC: A Well Papered File

It is not unusual for the termination of a superintendent to give rise to a dispute; particularly when a superintendent’s suite is involved. We were recently involved in such a dispute when the superintendent couple challenged both termination of both employment and tenancy. To complicate matters further, the superintendent couple …

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October 9, 2009 - By Elia Associates

CONDOCENTRIC: Defending Claims In The Small Claims Court

In today’s litigious age, it seems inevitable that a condominium corporation will eventually be faced, at one time or another, with a claim in Small Claims Court brought by a unit owner, an ex-employee, a contractor, or otherwise. Irrespective of whether the claim is clearly contrived, or whether it is …

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October 9, 2009 - By Elia Associates

CONDOCENTRIC: Health & Safety

Jeff Jeffcoatt, P.Eng, RCM is a Registered Condominium Manager and Professional Engineer and is the Condominium Specialist for Construction Control Inc where he heads up the Mechanical & Electrical Department and the Health & Safety Programs. Well known for his teaching for ACMO at Humber College and via the web …

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October 9, 2009 - By Elia Associates

CONDOCENTRIC: New Home Warranties Plan

The Ontario New Home Warranties Plan ("ONHWP") Act (the "Act") and regulations there under, create both warranties with respect to the construction of new homes, and a regime to administer those warranties.

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October 9, 2009 - By Elia Associates

CONDOCENTRIC: Reserve Fund Studies - 120 Days From When!?

This is an excerpt from an article by Ben Rutherford from our Fall 2003 Newsletter regarding certain timing considerations with respect to Reserve Fund Studies. It is being reproduced given that the focus in this issue is new condominium corporations.

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October 9, 2009 - By Elia Associates

CONDOCENTRIC: Budget Deficiencies

On the first year agenda for a condominium corporation is the reporting of any first year budget deficiencies to the Declarant. Under the Condominium Act, 1998 (Ontario) (the "Act"), a Declarant is accountable to the corporation for the budget statements that cover the one-year period immediately following registration of the …

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October 9, 2009 - By Elia Associates

CONDOCENTRIC: Ask The Pros - Common Expense Collections and Offensive Odours

Question:

I serve on a Board of Directors of three members. We used to be a self-managed complex, but found that it became too strenuous to deal with neighbours. We turned everything over to a management company to resolve all the problems that we were having. During our self-management era …

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October 9, 2009 - By Elia Associates

CONDOCENTRIC: Ask The Pros - Unwise to hire owner to do renovation; Lack of tendering increases concern. What is recourse if job goes wrong?

Question #1:

Our condo board has hired one of the owners in the building to be the designer for major renovations to the lobby, residential halls etc.  The job was not tendered, just handed over to him.  While the declaration and by-laws apparently have nothing to say about this, friends …

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October 9, 2009 - By Elia Associates

Condominium Conflict Resolution: Recognizing the Role of Culture

"Cultural fluency means recognizing that language shows us particular views of the world. Rather than being a direct representation of reality, language reflects our starting points, assumptions, and ideas about how the world works and our places in it. Remembering this, we keep an open mind to diverse …

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October 9, 2009 - By Elia Associates

CONDOCENTRIC: Did You Know?

Superintendents

The provisions of the Employment Standards Act 2000 governing minimum wages, hours of work and public holidays do not apply to superintendents who live on site.

It is a good idea to have a written employment contract with superintendents.

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