Condo insurance: three steps to mitigate risk from rising premiums and deductibles
It is safe to say that condo insurance is becoming a sore spot for condo corporations not only in Ontario but across Canada. Condo corporations have seen soaring premiums and deductibles. In some jurisdictions, it has been reported that premiums...
Tax compliance issues: what do condominium corporations need to know?
Condominium corporations are incorporated as corporations without share capital, whose members are those individuals that own units in the building. Condominium corporations generally qualify as tax exempt under the Income Tax Act (Canada) (“ITA”), provided they meet the requirements under...
Collecting Liens through Power of Sale
Under Section 85 of the Condominium Act, 1998, S.O. 1998, c. 19 (the “Condo Act”), a condominium corporation may register a lien against a unit owner in arrears of common expenses. Unless the owner agrees to pay, registering a lien...
Roberto Noce quoted in Global News article
Global News, "Insurance premiums jump as much as 700% at some Alberta condo buildings"
Insurance premiums at some Alberta condominiums have gone up dramatically in the last year, prompting concern from condo owners who have to pick up the tab on the bills. Ryan Chernesky owns two units in a condo in Fort McMurray....
Roberto Noce comments on dramatic rise of condo insurance premiums in Global News article
Global News, "Insurance premiums jump as much as 700% at some Alberta condo buildings"
Insurance premiums at some Alberta condominiums have gone up dramatically in the last year, prompting concern from condo owners who have to pick up the tab on the bills. Read the article: Insurance premiums jump as much as 700% at...
Maximum Claim in Small Claims Court to Increase to $35,000
The government of Ontario recently announced that, as of January 1, 2020, the maximum amount a plaintiff can seek in the Ontario Small Claims Court will be raised from $25,000 to $35,000. Civil claims for more than $35,000 must be...
Can You Restrict Rentals: A Case Study
The current consensus of most Canadian jurisdictions is that while condominiums may place restrictions on the rental of units, such as a minimum lease term, any attempt to completely restrict or place caps on the amount of units that can...
“Material Change” in Condominium Developments: A Recent Court of Appeal Decision
Back in April, we looked at a Court of Appeal decision addressing disclosure to purchasers of proposed units in condominium developments. It was a cautionary tale for the risk associated with inconsistent or confusing disclosure or omitting to disclose where...
Back to Basics: How to Enforce Compliance with the Condo Corporation’s Governing Documents?
Section 119 of Ontario’s Condominium Act, 1998 (the “Act”) requires the condo corporation and any director, officer, employee, owner and occupier of a unit to comply with the Act, and the condo corporation’s declaration, by-laws and rules. An owner of...
Back to Basics: What Must a Corporation do Before they Sue?
Once created, a condominium corporation functions as a ‘legal person.’ It has certain rights and can do various acts under the law. These rights are governed by Ontario’s Condominium Act, 1998 (the “Act”). At various points in the life of...
