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Fraud Prevention Procedures Lacking
Published: February 15, 2013
By Jonathan Fine
Most of us have seen legal agreements that have many clauses that seem unnecessary. Every one of these agreements evolved as new clauses were added, either as a result of a mistake a lawyer made in his/her last agreement or, out of fear for making one in this agreement. As a result of several very high profile fraud cases involving condominium corporations, it is time for the condominium industry's fraud prevention procedures to evolve.
The Condominium President's Role
Published: November 04, 2010
By Mario Deo
We all strive to be the best we can be, especially when we are placed in a position of authority and responsibility. If you are the president of a condominium, then your role is a very unique one. As president, you were elected twice: once by the owners and once by the board. That makes you the leader of the community. How should you carry out the role as president? What follows are guidelines for carrying out that role. These are not rules without exception, but are useful concepts that will assist you in that highly important position.You will not be able to perfect every point below, but try to be excellent at most of them.
Newsletters & Websites: Communication, Caution, and Common Sense
Published: October 14, 2010
By Mario Deo & Kristen Bailey
As originally published in the Fall 2010 edition of The Condo Voice
The number of condominium corporations developing their own websites and newsletters increases steadily year to year, as an easy and efficient method by which each community communicates and portrays its unique identity to its members. Websites and newsletters present an opportunity for efficient mass communication and are often appreciated by residents as a valued source of information. A board of directors may wish to put its collective mind to a number of issues, outlined below, when either developing a publication, or evaluating the success of an ongoing one.
Did you know......HST & Status Certificates
Published: August 26, 2010
By Marco Graziani
Did you know......?
Introduction of HST will not change the amount that can be charged for the issuance of a status certificate.
Condo Board's Decision Making Process - A Recent Case
Published: August 19, 2010
By Kristen Bailey
A recent June, 2010 decision from BC (Weir v. Strata Plan NW 17) recapitulates the court's deference to a board of director's decision making duties.
Occupiers Liability - A Recent Case
Published: August 12, 2010
By Kristen Bailey
Lawson v. Costco: April, 2010
This case serves as a reminder of the necessity for a condominium corporation to take reasonable steps to ensure that persons are safe while on the common elements. A condominium corporation is deemed to be the occupier of the common elements, for the purposes of liability for injury or damages that occur on the common elements.
The unique needs of new condos
Published: January 24, 2010
By Mario Deo
Fine & Deo, recognizes new condominiums face special and important issues that often require legal advice from experienced condominium counsel. Such issues include building deficiencies, technical audits, first year budget deficiencies and most importantly, assistance and education for the new board of directors.
The Impact of HST on Closing Costs: Buyer Beware!
Published: January 03, 2010
By John Moher
If you are buying a newly constructed or substantially renovated home, you need to consider the impact of the HST, as this new tax and associated transitional rules could have a significant impact on your closing costs.
Alteration or No Alteration: The Implications of the McMahon Hot Tub Case
Published: December 29, 2009
By Michael Pascu
The Court of Appeal recently rendered its decision in the case of Wentworth Condominium Corporation No. 198 v. McMahon, known as the "hot tub case".
Cap on Closing Adjustments
Published: December 22, 2009
By John Moher
I recently met with David Pylyp of RE/MAX Realty Specialists Inc. to discuss the problem of surprise closing adjustments and the need for a cap to be negotiated at the beginning of the purchase process. I learned that Mr. Pylyp is one of the select VIP Brokers privy to a cap on closing adjustments for purchasers of a unit in the newest phase of the trendy California Condos project by Camrost-Felcorp located in Etobicoke’s master-planned Mystic Pointe community. By being able to pass on such a cap to his clients, Mr. Pylyp will inevitably save his clients thousands of dollars and a series of painful headaches in the days leading up to final closing.
WHO GETS TO KEEP THE FEE FOR ISSUING STATUS CERTIFICATES?
Published: December 17, 2009
By Michael Pascu
Pursuant to the Condominium Act, 1998 and the regulations passed thereto, it is the corporation which is entitled to collect the $100 statutory fee from the person who requests a status certificate. The property manager, who typically prepares the status certificate, is not entitled to this fee unless the management agreement so provides.
Energy Efficient Initiatives and the Condominium Act 1998 - Are they compatible?
Published: December 16, 2009
By Maria Dimakas
As published in the Winter 2009 edition of CM magazine.
Property managers and boards of directors alike are constantly looking at ways of improving the efficient use of energy in their buildings – as they should. After all, the efficient use of energy benefits a condominium community in the long run by reducing operating costs, and benefits the greater community by conserving energy.
Snow and Ice Removal - a Warning to Landlords
Published: December 06, 2009
By Bradley Chaplick
Speaking to all of the landlords and tenants in Ontario, the recent case of Montgomery v. Van clarifies the duty to remove snow and ice.
Motions are an essential part of Board meetings
Published: November 30, 2009
By Michael Pascu
Proper parliamentary procedure requires that each item of business at a condominium corporation board meeting be brought before the board for consideration in the form of a motion. A motion is essentially a formal proposal by a board member on which the board must act. The chair should ask for a motion to discuss each item of business on the agenda.
Do all "disagreements" require resolution by mediation and arbitration? Apparently Not!
Published: November 24, 2009
By Michael Pascu
The recent judgment of the Court of Appeal in the case of Nipissing Condominium Corporation No. 4 v. Simard [2009] ONCA 743 (Docket 20091028) opens the door, if only a little, for certain compliance cases brought by condominium corporations against unit owners to be dealt with by way of court application rather than through mediation and arbitration.
How Much Is Your Spa Really Costing?
Published: November 22, 2009
By Joseph Ryan
As published in the October 2009 edition of CondoBusiness.
The condominium corporation’s first year: is there a period of time in the life of a condominium corporation that causes a corporation’s board of directors and representative management more stress and anxiety?
Transfer of Control
Published: November 02, 2009
By Marco Graziani
As published in the September 2009 edition of CondoBusiness.
“Turn-over” is a significant stage of a condominium corporation’s existence because it is when the transfer of control of the condominium corporation from the declarant occurs.
Condominiums and Small Claims Court
Published: November 02, 2009
By Kristen Bailey
Intense Directors's Can you spot them?
Published: November 01, 2009
By Mario Deo
As published in the Fall 2009 edition of CondoVoice.
Being a director of a condominium corporation is much like being a councilor of a municipality. Essentially, both positions involve the governance of a community. Both positions require decision making on important elements of the community, including its budget. Common expense payments are very similar to the taxes levied in a municipality. Both positions have a certain term (usually for a number of years), and both positions are elected positions based on a vote of interested community members.
Personal Information is not Private Information
Published: October 25, 2009
By Kristen Bailey
Personal information is not private information. It is information that can reveal something about you as a person. Organizations are regulated in their collection, use and disclosure of personal information by PIPEDA ( Personal Information Protection and Electronic Documents Act).
Email Communications
Published: September 23, 2009
By John Moher
With the advent of various forms of electronic communication, the obligation to disclose “documents” to an opposing party in civil litigation has expanded to include the obligation to disclose email communications.
PROTECTING YOURSELF FROM A PURCHASER WHO WANTS TO WALK AWAY FROM THE DEAL
Published: August 27, 2009
By Jonathan Fine
As published in the August 2009 edition of CondoBusiness.
A drastic change in the real estate market can be a scary thing, especially when you are counting on the closing of your sale to fund your purchase. It is not uncommon to see a chain reaction of transactions that do not close (followed of course, by a chain reaction of law suits).
CONDOBYTE - Condominium Classification
Published: August 10, 2009
By Mario Deo
As published in the Spring 2009 edition of CondoVoice.
The editorial in our last issue underlined the unacceptable situation of a condominium suffering a low death by a thousand blows, which goes unnoticed from year-to-year, until it is too late. This problem, which is becoming far more predominant, is unacceptable. It encourages the creation of slum-like communities at worst, and serious injustice to owners at best. All unit owners have a right to ...
CONDOBYTE - Traffic Tickets and Liens
Published: August 09, 2009
By Mario Deo/Stephanie Mongillo
Have you ever received a traffic ticket and examined it so closely, hoping to find a mistake, so that you could get it thrown out? Liens are much the same. Unit owners and their lawyers are always looking for a way to get your lien thrown out. They will find the most minuscule error and use it as their defence. That is why it is so important to...
Did You Know......PAP Forms, Not Just Any Form Will Do
Published: August 06, 2009
By Mario Deo/Stephanie Mongillo
The most efficient and effective way of collecting common expense payments from unit owners is through a pre-authorized payment plan (PAP). Many unit owners will gladly sign a PAP form in order to have their common expenses automatically withdrawn from their bank account monthly. However, the terms of the PAP form can greatly...
CONDOBYTE - BOARD MEETING PROCEDURES - CONFERENCE CALLS
Published: July 19, 2009
By Kristen Bailey
A meeting of directors must take place in person, unless your condominium corporation’s by-laws permit meetings to be held by other means (which are specified in the by-law) by which the directors can participate concurrently.
CONDOBYTE - Barbecues and Balconies
Published: July 19, 2009
By John Moher
With summer fast approaching, many unit owners will consider using barbecues on their balconies. It is important for condominium corporations to advise residents as to whether barbecue use is permitted. Many condominium corporations restrict the use of barbecues on balconies due to a perceived increased risk of fire and the potential for smoke and other odours entering neighbouring units.
CONDOBYTE - How to Prepare Proper Proof of Service of the Notice of Owners\ Meeting
Published: July 19, 2009
By Michael Pascu
A proper proof of service regarding the service of the notice of owners\' meeting requires the completion of an Affidavit of Service, which:
- must state of the name of the person who served the documents;
Did You Know......Personal Information & PIPEDA
Published: July 19, 2009
By Kristen Bailey
Did You Know.......?
A condominium corporation has obligations under PIPEDA to maintain the personal information of unit owners and employees as confidential. Therefore, references made in board meeting minutes to individual unit owners and employees should be blacked-out prior to such minutes being provided to a party under Section 55 of the Condominium Act, 1998.
DID YOU KNOW......Soliciting Proxies
Published: July 19, 2009
By Jonathan Fine
Did You Know.......?
The methods used to solicit proxies can affect their vaildity.
Did You Know......Appointment of an Administrator
Published: July 19, 2009
By Jonathan Fine
Did You Know.......?
The Condominium Act, 1998, permits a court to appoint an administrator "if the court is of the opinion that it would be just or convenient, having regard to the scheme and intent of this Act and the best interests of the owners."
Did You Know......Duty to Accommodate
Published: July 19, 2009
By Jonathan Fine
Did You Know.......?
A condominium corporation has a duty to accommodate disabled owners.
Did You Know......Director Obligations
Published: July 19, 2009
By Kristen Bailey
Did You Know......?
A director has the obligation to act in good faith and exercise the care, diligence, and skill that a reasonably prudent person would exercise in comparable circumstances.
Did You Know......Board Meetings
Published: July 19, 2009
By Kristen Bailey
Did You Know......?
CONDOBYTE - Swimming Pool Safety
Published: May 13, 2009
By Kristen Bailey
It is almost outdoor swimming pool season and we know that many of our clients are preparing to open their outdoor pools for the summer. While a pool is a great amenity, with it comes a lot of responsibility to ensure that it is operated in a safe manner and in accordance with the law.
CONDOBYTE - Dealing With Your Condominium Board of Directors
Published: May 04, 2009
By Jonathan Fine
What protections does a unit owner have if she/he feels the board of directors is acting improperly?
The Condominium Act, 1998 contains adequate safeguards and remedies inform and protect a disgruntled condominium unit owner including:
a. a mandatory appointment of auditors and audit of financial affairs:
b. the right to inspect certain of the condominium corporation's records for certain purposes;
DID YOU KNOW......Inspection of Records
Published: April 30, 2009
By Jonathan Fine
Did You Know.......?
A unit owner’s right to inspect records of the condominium corporation is subject to:
- the purpose of the inspection i.e. the unit owner’s motivation must be “for purposes reasonably related to the purposes” of the Act;
- claims of privilege and confidentiality (McKay v. Waterloo North Condominium Corp. No. 23, 1992 CarswellOnt 622)
CONDOBYTE - Difficult Owners
Published: April 20, 2009
By Jonathan Fine
Many condominium corporations have experienced “the unit owner from hell”, sometimes called a “condo commando”, who is either a person with mental health issues, or simply someone with too much time on his or her hands. These people are “difficult” people who make life miserable for those who become the targets of their attention.
The question is: What can you do to either bring these people into line, or force them to move ?
Did You Know......Termination of Employees
Published: April 13, 2009
By Kristen Bailey
The notice requirements for terminating an employee are determined not only by the express terms of the employment contract, but also by statutes and common law.
CONDOBYTE - Passing Enforceable Bylaws and Rules
Published: April 06, 2009
By Jonathan Fine
A rule or bylaw is not worth the paper it is written on unless it is enforceable. One tip in drafting a rule or a bylaw is to include in a bylaw or rule, a short preamble, which explains the purpose of the rule or bylaw.