Publications

The unique needs of new condos

Mario Deo — January 25, 2010

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!

John Moher — January 04, 2010

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

Michael Pascu — December 30, 2009

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

John Moher — December 23, 2009

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?

Michael Pascu — December 18, 2009

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?

Maria Dimakas — December 17, 2009

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

Bradley Chaplick — December 07, 2009

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.

In this case, a landlord was sued by his tenant when she slipped on the icy walkway leading to her basement apartment. The case raised an important question of law: What is the effect of a lease clause asserting that the tenant is responsible for clearing ice and snow?

Motions are an essential part of Board meetings

Michael Pascu — December 01, 2009

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!

Michael Pascu — November 25, 2009

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?

Joseph Ryan — November 23, 2009

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

Marco Graziani — November 03, 2009

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

Kristen Bailey — November 03, 2009

As published in the Fall 2009 edition of CondoVoice.

On January 1, 2010, the amount that a plaintiff can claim in Small Claims Court increases from $10,000.00 to $25,000.00.

Intense Directors – Can you spot them?

Mario Deo — November 02, 2009

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

Kristen Bailey — October 26, 2009

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).

What if that "personal" information is publically available but an organization uses that information for a different reason than why they collected it?

Email Communications

John Moher — September 24, 2009

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

Jonathan Fine — August 28, 2009

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

Mario Deo — August 11, 2009

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

Mario Deo/Stephanie Mongillo — August 10, 2009

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

Mario Deo/Stephanie Mongillo — August 07, 2009

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...

Did You Know......Personal Information & PIPEDA

Kristen Bailey — July 20, 2009

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.

CONDOBYTE - BOARD MEETING PROCEDURES - CONFERENCE CALLS

Kristen Bailey — July 20, 2009

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.

DID YOU KNOW......Soliciting Proxies

Jonathan Fine — July 20, 2009

Did You Know.......?

The methods used to solicit proxies can affect their vaildity.

CONDOBYTE - Barbecues and Balconies

John Moher — July 20, 2009

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.

Did You Know......Appointment of an Administrator

Jonathan Fine — July 20, 2009

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

Jonathan Fine — July 20, 2009

Did You Know.......?

A condominium corporation has a duty to accommodate disabled owners.

CONDOBYTE - How to Prepare Proper Proof of Service of the Notice of Owners\ Meeting

Michael Pascu — July 20, 2009

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......Director Obligations

Kristen Bailey — July 20, 2009

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

Kristen Bailey — July 20, 2009

Did You Know......?

For a board of directors to be able to hold board meetings in any forum other than an in-person meeting, such as a conference call, a web meeting or via email, the condominium corporation must have a provision in its by-laws permitting meetings to be held using such alternative methods.

CONDOBYTE - Swimming Pool Safety

Kristen Bailey — May 14, 2009

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

Jonathan Fine — May 05, 2009

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

Jonathan Fine — May 01, 2009

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

Jonathan Fine — April 21, 2009

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

Kristen Bailey — April 14, 2009

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

Jonathan Fine — April 07, 2009

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.