Article Library
CONDOCENTRIC: Avoiding The Dispute
When the new Condominium Act (the "Act") came into effect, it imposed upon the condominium community an obligation to mediate, and if necessary arbitrate, in those situations where there is a disagreement with regard to a declaration, by-law or rule. The imposition of mandatory mediation has been resisted to a …
CONDOCENTRIC: Conflict In Condominiums: Value-Added?
Value in Conflict?! …Conflict is the struggle that results from incompatible or opposing needs, wants or other demands. As we all know, in everyday life conflict arises in a variety of circumstances: from dealing with the driver who cut you off, to deciding with your kids what to have for …
CONDOCENTRIC: CASELAW UPDATE - Common Expense Collection and Insurance Deductible
YORK CONDOMINIUM CORPORATION NO. 482 V. CHRISTIANSEN (2003 – ONTARIO SUPERIOR COURT OF JUSTICE)
Common Expense Collection: Where a single unit owner owned several units, the court held that while a condominium corporation may only register a lien for common expense arrears against the unit(s) that is/are actually in arrears, …
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 …
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 …
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 …
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.
…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.
…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 …
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 …
