CONTRACTS IN A POST-COVID WORLD
COVID-19 taught us the importance of well-drafted comprehensive force majeure clauses and has shine light other standard contractual clauses, which should now be scrutinized more than ever.
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WHY CONDOS CAN’T FORGIVE COMMON ELEMENT FEES
Can common element payments be deferred? Can common element payments be forgiven for 1-2 months? Can owners who don’t pay common expenses be liened? Here are my responses.
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MANDATORY CONDO DIRECTOR TRAINING – CAN DISQUALIFIED DIRECTORS BE RE-APPOINTED?
Under recent amendments to the Ontario Condominium Act, all condominium directors appointed, elected, or re-elected on or after November 1, 2017 are required to complete the training program provided by the Condominium Authority of Ontario (CAO) within six months of their appointment, election or re-election.
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ELECTRONIC VOTING – WHY A MOVE AWAY FROM TRADITIONAL PROXIES SHOULD BE EMBRACED
The best way to run a condo election is to have owners vote by ballot, but electronic voting avoids proxies and the issues that come along with them.
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Lien on Me – The Problems with Construction Liens Being Registered on the Common Elements
If construction liens are registered against the common elements, the Board of Directors will often have their lawyers move to vacate the amount of the lien. However, this is not always possible if the lien is for a significant amount of money.
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INDEMNIFICATION IN CONDOS: A POTENTIAL DOUBLE-EDGED SWORD
As owners continue to breach their governing documents, all of the relevant stakeholders (lawyers, condominium Boards, property management) need to be careful when relying on indemnification clauses, and always look at the remedy as a potential double-edged sword.
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Improper Notice of a Lawsuit Under the Condominium Act
While Boards still need to make best efforts to comply with section 23 of the Condominium Act, the York Condominium Corp. No. 46 v. Medhurst, Hogg & Associates Ltd. et al. case recognizes that mistakes happen and that “nullifying” a lawsuit is a very serious remedy that could hurt the condominium corporation and its owners.
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Can Condos Charge an Occupancy Fee?
A recent article published on CBC calls into question whether a condominium can charge an occupancy fee. If a bylaw permits a building to charge fees for “extra” occupants, then in the absence of a court order, owners are required to pay.
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The Ontario Condominium Authority Tribunal – Why Is It Still So Limited?
It’s been a roller coaster in the condominium world. This article will focus on the CAO, the Condominium Authority Tribunal, and some of my early observations.
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The Condominium Tribunal and Recovery of Costs by Condo Corporations – Why A Court Challenge Is Inevitable
Law Times recently posted an article focusing on the fact that, barring exceptional circumstances, the new Condominium Tribunal won’t award costs to successful litigants. Here’s how it’ll effect corporations and owners.
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