Caution: Reading this Post May Cause Nightmares About Indemnity Clauses

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A recent case involving the right of a condominium to charge legal fees to an owner for alleged non-compliance with a rule has the industry talking. The decision has divided the legal community, resulting in many interesting legal debates and a whole lot of uncertainty for condominiums going forward.

The case is Amlani v. York Condominium Corporation No. 473. The dispute was about smoking. Amlani smoked and the condominium received complaints about it. The condominium took some steps to improve the situation, such as sealing joints and penetrations between the units. The owner limited his smoking to one room and used air filters to reduce the smoke transmission to other units. Unfortunately, the condominium received further complaints. The owner was willing to meet and discuss potential solutions, but the condominium was unwilling to do so and demanded that he stop smoking in the unit as it was a nuisance. Continue reading

Construction Lien Changes

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As you may have heard, the first round of amendments to the Construction Lien Act are scheduled to come into force on July 1, 2018. The purpose of this post is to provide a brief overview of some of the key changes as they may relate to condominium projects.

For starters, the Construction Lien Act will be known as the Construction Act. The amendments will not apply to all situations, including contracts entered into before July 1, 2018 (even if subcontracts were entered into after July 1, 2018) or the procurement process was commenced before July 1, 2018. There are other exceptions.  Continue reading

Soliciting Proxies: What’s Changed?

proxyI’ve had a few files recently where questions surfaced about the new restrictions on who can and can’t solicit proxies for owners’ meetings. When can a manager solicit a proxy? When can’t a manager solicit a proxy? It appears some people may be unaware of the changes to the rules governing the solicitation of proxies for owners’ meetings, especially by managers and others on their behalf.  Continue reading