The Condominium’s Duty Regarding Hoarding (Part 2)

I know what you are thinking: “Now that I know what hoarding is and why I should care about it, how do I fix it?” Well, like I said in my last post, there is no one size fits all solution. In some cases, it will be relatively easy to deal with the hoarding. In other cases, it will require court intervention. It really is a case-by-case determination.

The first step whenever an owner breaches the Act or any of the condominium’s documents is usually a letter from the board or property manager. The reason? You want to give the owner an opportunity to comply before taking further steps and incurring any costs. For hoarding, the letter should describe the specific concerns (i.e. during a recent inspection we noticed a large amount of combustible material stored on your stove), provide a date for entry to the unit (for a further inspection), and outline the consequences if the owner does not take steps to alleviate the problem (i.e. involvement of the condominium’s lawyer and a chargeback of the costs, if possible).  Continue reading

In for a penny, in for a pound? A cautionary tale on costs.

In the past few years there has been a trend toward full or substantial indemnity costs for condominiums enforcing against unit owners. However, in York Condominium Corporation No. 345 v. Qi, [2013] O.J. No. 3214 the courts have again awarded only partial indemnity to a successful condominium. Although the court acknowledged the previous case law supporting full indemnity costs for condominiums that are successful in enforcing against unit owners, it also reiterated that judges have retained their general discretion to award costs. In making its decision, the court had the following concerns in awarding costs in favour of the condominium: Continue reading