Summer Case Law Reading

legal case

Who doesn’t enjoy a little case law reading by the pool or beach? Oh, that’s just me? Oh well. I hope you enjoy reading these brief summaries anyway.

MTCC No. 1067 v. 1388020 Ontario Corp. 

This is an action by a condo to enforce a lien. The condo brought a motion for summary judgment. There were three issues: interest on the arrears of monthly fees; additional expenses claimed by the condo; and legal costs.

The condo claimed interest at a whopping 30% above the prime rate charged by TD to its best risk commercial accounts per annum, compounded monthly. The defendant argued that the condo was not entitled to such a high rate of interest because it could not provide precise, consistent statements to show it was entitled to the full amount. The judge disagreed. The by-law was a contractual arrangement between the owner and the condo and there was no reason not to enforce it.  Continue reading

Are you ready? Less than three months to go…

timeSome of the changes to the Condominium Act, 1998, have received a lot of attention over the past year, like the new requirements for holding meetings or the information certificates that condominiums will be required to send to their owners. These are important changes for sure, but there are some interesting changes that people aren’t really talking about.  Continue reading

Condo Stats – Toronto & Area

analyticsSeveral weeks ago I wrote a post about stats on condos in the areas covered by the Golden Horseshoe and Grand River chapters of CCI. I’ve looked up the stats for the Toronto and area chapter. I’ve included the numbers for Toronto, York, Peel and Durham since most members of CCI Toronto appear to be located in one of these areas. The numbers are interesting (spoiler: it isn’t all the megatowers you might expect). 

 

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Condo Administrators

administrator

A condominium administrator is a person appointed by the court to manage the affairs of a condominium when the board is unable to properly manage the condominium in accordance with the requirements of the Condominium Act, 1998. 

According to section 131 of the Act, a condominium, owner, or mortgagee of a unit can apply to the Superior Court for an order appointing an administrator. The Act states that 120 days must have passed since the turnover meeting, but there is a case where an administrator was appointed before the turnover meeting where the developer refused to call the turnover meeting.

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Proposed Annual Fees for Condo Managers Announced

feedbackWe now have more information about the proposed fees for condominium managers under the Condominium Management Services Act (CMSA). The fees are intended to fund the Condominium Management Regulatory Authority of Ontario (CMRAO), which is the not-for-profit corporation that will be designated as the administrative authority for the CMSA on November 1, 2017.

The proposed fees are:

Limited License $379.00
General License $607.00
Transitional General License $607.00
Condominium Management Firm License $799.00 plus $350.00 for every licensed manager employed by the firm.

 

You have until August 10, 2017, to provide feedback. Visit the CMRAO’s website to take the survey and provide your feedback: http://www.cmrao.ca/

The proposed fees seemed high to me when you factored in the fee charged to the management company for each licensed employee so I looked at a few other professions (i.e. accountants, doctors, engineers, and real estate brokers) to see how their annual fees compared. The range was $300 to $1100 with engineers and brokers closer to the low end and doctors and accountants at the high end. [For those interested, lawyers pay over $2,100.00 per year for our licenses plus a few thousand dollars (at least) for mandatory insurance].

On top of the annual fees, there will likely be extra fees for mandatory educational courses and exams required for managers to obtain and retain their licenses. I suspect that the fees will be similar to those paid by other professionals as well, but we will have to wait and see.

Defamation in Condos: An Update

legal case.jpgThere has been a lot of talk this week about defamation in condos. Most of the interest comes from a decision released in Ottawa last week. A judge has ordered Yahoo! and Yahoo! Canada to disclose information that a condominium needs to determine the identity of a person responsible for sending defamatory emails to its owners and residents. The emails apparently accused the directors of receiving kickbacks.

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