Condo Resources

Bill 106 - ACMO Video Series

With Bill 106 receiving royal assent on December 3, 2015, there is great anticipation of how this much anticipated, long overdue piece of legislation will be implemented. A series of educational videos were created by ACMO (Association of Condominium Managers of Ontario) to provide expert opinions on each of the focus areas within Bill 106, the Protecting Condominium Owners Act. 

Tarion - New Homeowner Information Package

Getting ready to move into your new home is an exciting and busy time. However, it is important that you set aside some of that time to carefully read through this Homeowner Information Package and become familiar with its contents. It describes your home’s statutory
warranties and the responsibilities of both you and your builder, and explains how Tarion will handle a statutory warranty claim. 

Can Condominiums Be Liable For Dog Attacks on Common Elements?

All this to say that, pursuant to the Occupiers’ Liability Act, a Condominium Corporation could be found liable for damages resulting from a dog attack on common elements if the corporation has failed to take reasonable steps to ensure the safety of other individuals on the property. So, what is a Condominium Corporation to do?

Five easy ways to enhance security at your condo or townhouse complex

Typically, security is a topic that only gets attention and consideration after an event has taken place. A strong understanding of the potential risks, before they occur is a key element in developing a professional property management system that focusing on prevention over reaction.

Bill 106 (Protecting Condominium Owners Act, 2015)

Many are surprised to learn that given the high values of properties that are being managed throughout Ontario and budgets that regularly top millions of dollars a year per corporation that condo managers and management firms have never been subject to any mandatory qualifications or regulation.

Bill 106 - Holding AGM's

If Bill 106 is adopted as drafted, Corporations would be required to undertake specific, time sensitive milestones, and can rely on changes to help complete their AGMs, a task that has been difficult for some Corporations in meeting quorum.

Police in Condos

What does the board have to do if the police attend with a warrant? What if they don’t have a warrant? When should the condominium contact the police because of an incident that occurred on the property?

In the past these questions were not easy to answer. While the condominium’s lawyer could provide general advice, there wasn’t really much case law to support the advice. Fortunately, in the past few years there have been cases that give some guidance.

Burst Pipe in Your Home — What is Your Responsibility for Repair After Damage

Whether you live in a townhome or high rise, the impact of water damage as a result of a burst pipe can be a very trying experience.

Depending on the severity of the event you may be dealing with damaged possessions such as furniture and clothing (otherwise known as contents) and possibly your walls, ceilings and flooring. In extreme cases it may involve you having to relocate from your home for a period of time.

While each condo is unique, that Corporation’s Declaration, By-laws and Rules, as well as the Condominium Act, 1998 along with case law, provide some baseline in determining the responsibility of all parties.

Video Surveillance

We have all seen examples where video has been used in reviewing an event or incident, shedding light and exposing the world to the raw details of what happened.

While the media has primarily focused on the use of personal video recordings to further their cause of selling the news by shocking viewers with graphic images, the use of video surveillance at your complex should be viewed with the objective to primarily deter unlawful behaviour, and secondly, to assist in the investigation of criminal activity.

Condo Living — In Case of an Emergency — Water/Electrical

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WATER LEAK

Water leaks in buildings can be very damaging and costly to owners, so take the time to familiarize yourself with all shutoff valve locations.

WHEN A LEAK OCCURS

Close all the shut-off valves in your unit including main valve, and secondary valves that exist in your unit such as individual sinks, dishwasher, washing machine, toilets, and refrigerator.

Notify your property manager or building manager immediately. Mop up and collect any continuing water leakage to minimize water damage to your unit and neighbouring units.

NON-EMERGENCY LEAKAGE

If water leaks from faucet/reservoir into sinks/toilets you should notify the property manager to ensure that it is not causing water damage. It is usually the owner's responsibility to organize to have leaks fixed by a licensed and insured plumber.

DURING A POWER OUTAGE

Locate your electrical panel as well as trip-switches on specific power outlets.

Check if the outage is limited to your unit, check the individual breakers in your electrical panel as well as trip-switches on specific power outlets. If your neighbours' power is also out, notify the property manager or building manager and your local hydro authority.

Turn off all tools, appliances and electronic equipment. Turn your thermostat(s) down to minimum to prevent damage from a power surge when power is restored. Also, power can be restored more easily when there is not a heavy load on the electrical system.

Turn off all lights, except one, so that both you and hydro crews outside know that power has been restored. Don't open your freezer or fridge unless it is absolutely necessary. A full freezer will keep food frozen for 24 to 36 hours if the door remains closed.

Never use charcoal or gas barbecues, camping heating equipment, or home generators indoors. They give off carbon monoxide. Because you can't smell or see it, carbon monoxide can cause health problems and is life-threatening.

Use proper candle holders. Never leave lit candles unattended and keep out of reach of children. Always extinguish candles before going to bed.

Listen to your battery-powered or wind-up radio for information on the outage and advice from authorities.

Are You Protected — Condo Board Members

The Occupational Health & Safety Act (OHSA) aims to protect workers from health and safety hazards on the job. It sets out duties for all workplace parties and rights for workers. It establishes procedures for dealing with workplace hazards and provides for enforcement of the law where compliance has not been achieved voluntarily. 

Every officer and director of a corporation must take all reasonable care to ensure that the corporation complies with the Act and regulations as well as with any orders and requirements of Ministry of Labour inspectors, Directors and the Minister [section 32].

The goals and objectives stems from the premise of Recognize, Assess, Control and Evaluate.

Accessibility for Ontarians with Disabilities Act (AODA)

The AODA was created with the intent to make Ontario a more accessible place to live and work, by clearly identifying, removing and preventing barriers for persons with disabilities. Making Ontario more accessible for people with disabilities creates a win-win situation for both businesses and customers. 

Through this piece of legislation, five standards have been developed which place mandatory requirements on private and public sector businesses with at least one employee in Ontario. These standards are: Customer Service; Information and Communication; Employment, Transportation; and Built Environment.

A Guide to Owning a Condo — The Reserve Fund

So you have made the decision to purchase a condo, and beyond the traditional excitement and anxiety that comes with any major life change, there are some fundamental aspects that you must understand before signing on the bottom line, specifically the financial condition of the condo corporation, with regard to the reserve fund.

The Condominium Act requires that the corporation maintain a separate fund to be used solely for the purpose of paying for the major repair and replacement of the common elements and assets of the corporation. Depending on the building, this can include exterior wall claddings, roofing, windows, doors, heating and cooling systems, site elements including roads, sewers, even playground equipment.

A Guide to Owning a Condo — Butt Out

A hot topic facing many condominiums in Ontario is the handling of second hand smoke.

The Province introduced the Smoke-Free Ontario Act to help smokers quit, encourage young people to never start, and most importantly, to protect people from exposure to second-hand smoke. Over the years, you have seen first-hand evidence of the Province’s strategy. It is illegal to light or use a tobacco product in a motor vehicle with anyone inside under 16 years of age. Smoking is banned on or around children’s playgrounds, publicly owned sports fields and all bar and restaurant patios.

The Act also prohibits smoking in the common areas of condominiums, which includes elevators, hallways, parking garages, party rooms, laundry facilities, lobbies and exercise areas, but does not attempt to regulate the use of a private dwelling.

CMHC — Condominium Basics

Condominium living can be an appealing housing option. It’s often affordable and someone else handles much of the maintenance and repairs, such as shovelling snow and replacing the roof. Many condominiums have enhanced security features over those found in single-family houses and offer a wide range of social, entertainment and recreational activities.

However, purchasers should be aware — before they buy — of the many issues and considerations surrounding the purchase of, and the lifestyle in, a condominium. Condominium ownership is very different from owning a home under traditional fee simple tenure. This section of the Guide will help you better understand this unique form of ownership and prepare you for successful condominium living.

Government of Ontario — Declarations, By-Laws and Rules

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Condo declaration

The declaration sets out how the condominium corporation is owned. The document:

  • defines the units
  • defines the common elements
  • shows the percentage of ownership each unit has in the common elements
  • shows how much each owner must pay in condo fees (owners of a 3-bedroom condo may pay a higher monthly condo fee than owners of a 2-bedroom condo)

Different condo corporations define ownership in different ways. In some condominiums, the outside wall is defined as part of the individual units. In others, the outside wall is part of the common elements. These distinctions are important. They may determine if you will need to pay for window-washing services or repairs to the front porch of your townhouse.

The declaration can be changed, but this happens rarely. Changing the basis of a unit’s contributions to condo fees would require the support of 90% of the owners. Even changing a non-financial matter in the declaration, like pet restrictions, would require 80% agreement.

If you’re buying a unit in a newly-built condo, the proposed or existing declaration is included with the disclosure statement. If you’re buying a resale condo, it’s included with the status certificate.

Condo by-laws

The by-laws set out how the corporation will be run. They deal with the responsibilities and powers of the board of directors, how meetings will be run and the collection of condo fees. The by-laws must be approved by a majority of the owners.

Condo rules

The board of directors may also make rules to govern day-to-day living. Rules help promote the safety, security and welfare of the owners. These may include how the freight elevator can be used or if owners can have pets.

Restrictions

The declaration, by-laws and rules will set out any restrictions on how you can use your unit or the common elements. If you’re new to condo living, you might find some of these surprising. For example, they may:

  • restrict the size or number of pets
  • specify the colour of your shades or blinds 
  • require you to file certain documents with the condo corporation if you want to rent your unit
  • restrict certain renovations in your unit

You should review your condominium’s declaration, by-laws and rules to learn about any restrictions and to make sure that the way you want to use your condo is allowed.