Trespassing in Condos

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trespassTrespassing is an issue many condominiums have to address at some point in time. Maybe the condominium is located beside a local hangout, like a school, a mall, or a park. Maybe the common elements include features that attract people to the property, like railings for skateboarding or a large green space for tossing a football around. Whatever the reason it is likely that your condominium will have uninvited people on the property at some point.

A trespasser is a person who, without legal right, enters another’s property when entry is prohibited, engages in a prohibited activity on the property, or does not leave immediately when asked. Section 2 of the Trespass to Property Act makes trespassing an offence punishable by a fine of not more than $2,000.00.  Continue reading

Ambiguous Condo Docs Cause Another Dispute

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bookI’m often asked to review condominium documents because the language used is not clear. One reason is the legalese used by many lawyers when drafting the documents. (“Now herewithin witnesseth” really?). Do we think it makes us sound smart? Whatever the reason, it needs to stop!

If we want the owners to read the documents (and we should) we need to make them easy to read. The owners shouldn’t need a law degree to understand them! Plain, clear, and unambiguous language needs to become the norm.

Why am I ranting about this today? Because I just read another case where a dispute arose because of unclear language in the declaration.

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