Fight over 14% budget increase leads to court battle

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Most unit owners would be upset to receive notice that their monthly condo fees were increasing by almost 15% the following year. Recently an owner was surprised when she received notice from her condominium of a 0% change in her monthly fees.  She was expecting an increase close to 15%. Was she pleasantly surprised? Apparently not as she commenced an application in the Superior Court of Justice against the condominium and one of its five directors.  Continue reading

Update on the New Requirements as of January 1, 2018

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I don’t know about you, but I sometimes get distracted while reading about all of the amendments to the Act (and the related amendments to twelve other pieces of legislation!). I’ll read a clause in the Act that refers to the regulations. I go to the regulations, then back to the Act, to a condo law blog or magazine, and before I know it I’ve spent hours researching something I had no intention of researching when I started my journey. I’ll usually find something that no one seems to be talking about or that I somehow missed the dozens (?) of times I’ve read through the legislation.

In a previous post (available here: https://ontcondolaw.com/2017/12/12/amendments-coming-january-1-2018/) I wrote about the amendments scheduled to come into force on January 1, 2018. The amendments included:

  1. Adding some warranty coverage for residential conversion condos;
  2. Requiring condos to file returns to the CAO;  and
  3. Creating a new compliance order process for the registrar of the CAO.

I have received a few questions about the status of these amendments because there has been very little talk about them. I thought that I would provide an update to you all today. Continue reading

Dog Restrictions and Disabilities

I am regularly asked by clients to assist them with enforcement of dog restrictions (i.e. weight limits) or complete prohibitions in a condominium’s documents. Sometimes an owner will claim that he or she needs the dog because of a disability. The mere mention of the word (disability) immediately increases the anxiety felt by the board and manager. It seems many owners are aware of this anxiety-inducing affect and use the word without regard for its actual legal meaning. There was a recent case where an owner did just that, but the condominium refused to back down without adequate evidence of her disability.

Continue reading