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October 9, 2009 - By Richard A. Elia

CONDOCENTRIC: Ask The Pros - All About By-laws

Question:

The following is a two-part question.  (1) Can a condo pass a bylaw restricting the number of units an individual can own? (2) We have an individual who rents units from our rental pool, furnishes them and sublets them at an inflated rent.  Can a condo pass a bylaw …

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October 9, 2009 - By Patricia E. Elia

CONDOCENTRIC: Bill C-45 - Criminal Code Amendments

"When the death knells of Chernobyl and Bhopal echoed around the world, research on the catastrophic potential of complex technologies went into high gear. Evidence from Westray [the mining disaster which claimed 26 lives] shows a long-standing pattern of safety violations: combustion engines refueled with the motors running, a "volunteer" …

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October 9, 2009 - By Benjamin J. Rutherford

CONDOCENTRIC: Secret Commissions

Following the ACMO/CCI conference last fall, there was much discussion about “secret commissions” including, for example, whether ACMO Associates could invite property managers to ACMO sponsored events (which practice is currently encouraged).

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October 9, 2009 - By Richard A. Elia

CONDOCENTRIC: MEETING RULES: Robert's vs. Weinberg and Nathan's

At a recent unit owners meeting to vote on rules, a unit owner stood up and objected to the rules being considered as the condominium corporation was, at that time, also involved in litigation concerning subject matter of the rules. The property manager acknowledged the objection and advised the unit …

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October 9, 2009 - By Richard A. Elia

CONDOCENTRIC: DID YOU KNOW? Property Tax On Common Elements

While the common elements of a condominium corporation do not generally constitute a parcel for the purpose of municipal assessment and taxation, if a part of the common elements is leased for business purposes and the lessee carries on an undertaking for gain, it may constitute a separate parcel for …

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October 9, 2009 - By Richard A. Elia

CONDOCENTRIC: Ask The Pros - Salespeople and Trespassing

Question:

We are having a problem with salespeople bothering residents in a seven-storey building.  Signs are posted at the main entrance indicating “no soliciting.”  If they refuse to leave when requested, can we call the police and have them charged with trespassing?

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October 9, 2009 - By Patricia E. Elia

CONDOCENTRIC: Legislative Update For Condominiums - Amendments to Statutes and Regulations

Condominium corporations are impacted by legislative changes (in laws) and common law (judicial) decisions regularly in any given year.  The nature and scope of the impact on condominium corporations from these changes will depend on the parameters governing the condominium corporation and its operations. From a legislative point of view, …

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October 9, 2009 - By Richard A. Elia

CONDOCENTRIC: For Better or Worse: The Condominium Act, 1998 (Anniversary Commentary)

May 5, 2006 marks the fifth anniversary since the “new” Condominium Act was proclaimed into law. This new Act did not simply create limited amendments, but entirely replaced the previous legislation, which had remained virtually unchanged for over 20 years.

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October 9, 2009 - By Benjamin J. Rutherford

CONDOCENTRIC: Casey Goes To Ottawa: A Cat's Tale

Foreword:  MTCC 949 is currently seeking leave to appeal this case to the Supreme Court of Canada – a process that is virtually unheard of in condominium circles.  It has been our opinion, from the outset, that this case ought never to have gone to court in the first place! …

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October 9, 2009 - By Karen P. Kisiel

CONDOCENTRIC: New Smoke Alarm Law Effective March 1, 2006

On March 1, 2006, a new regulation to the Ontario Fire Code will come into force requiring upgrades to the smoke alarm system in all detached houses, semi-detached houses and row houses, including condominiums, as well as any other dwelling unit that is not otherwise regulated by Retrofit, Part 9 …

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