Condominium Law

All members of condominium communities must comply with the Condominium Act, 1998 (the “Act“), and the condominium’s Declarations, Rules, and By-Laws. Unfortunately, this does not always happen.

Condominium corporations have a duty to enforce the Act and the governing documents as against their owners and residents. Generally, notices of infractions should first be sent from the condominium’s manager to the owner or resident who has infringed a rule. Where this doesn’t resolve the issue, legal intervention may be required in order to obtain compliance.

We have extensive experience acting for condominium corporations and Boards in ensuring that the Act or governing documents are enforced as against residents. In most instances, the condominium corporation’s documents permit it to charge back the legal fees associated with the enforcement of the rules to the infringing owner, as common expenses.

We are happy to assist with all aspects of this process, and we aim to do so in a time and cost-effective manner. Please feel free to reach out if you have any questions or would like to discuss how we can assist you.

As with many relationships, disputes inevitably arise. Relationships within condominiums are no exception. Disputes commonly arise amongst owners, residents, board of directors, management, and other third-party contractors involved in the day-to-day operations of condominium life.

We have the experience you need to pursue, and ideally resolve, whatever litigious circumstances you are dealing with. Our team is skilled at developing creative solutions in an effort to achieve their clients’ ultimate goals, while also trying to limit the time and cost borne by the client. We do everything possible to shoulder the stress of the matter for you, and communicate with you regularly to provide you with regular updates, timelines, and possible outcomes.

We have experience at all levels of Court in Ontario, including the Court of Appeal, Superior Court of Justice, Small Claims Court, and Divisional Court. We also frequently appear before the Human Rights Tribunal and the Condominium Authority Tribunal.

Shared facilities, mutual use and/or reciprocal arrangements pertain to positions where multiple condominium corporations, or condominium corporation(s) and any person (e.g. the declarant), agree to share and jointly manage certain amenities or services. This can include parking lots, recreational areas, or maintenance tasks. These arrangements can lead to cost saving and more efficient resource utilization.

All condominiums have by-laws and/or agreements that outline the costs of sharing areas, which should be in accordance with the Condominium Act, 1998 (the “Act”). Problems may arise when a Shared Facilities Agreement does not exist, if an existing agreement is not deemed fair, or if there are different objectives on how facilities should be managed, maintained, and/or paid for.

Establishing a Shared Facilities Agreement (also known as Mutual Use or Cost-Sharing Agreement) is an effective way of determining who is responsible for the repair and maintenance of these spaces, how they are to be governed, and how to resolve any disputes that may arise. A Shared Facilities Agreement can generally include easements, other rights of access, and/or particulars pertaining to the sharing costs amongst the parties.

Furthermore, we can help navigate these arrangements by offering guidance on drafting clear agreements, ensuring compliance with legal requirements, and resolving any potential disputes that may arise between participating parties. Please feel free to reach out if you have any questions or how we can be of assistance.

Post Turn-Over refers to the process of transferring management responsibilities from the developer to the condominium corporation. This transition involves crucial tasks such as establishing a condominium board, document handovers, and financial audits. It ensures a smooth shift in governance and compliance with legal requirements.

Section 43 of the Ontario Condominium Act, 1998 (the “Act”) provides for a number of requirements regarding the turn-over meeting, that of which the developers are mainly responsible for and may be liable to legal action and fines if they do not comply with the turn-over requirements.

Post Turn-Over concerns may include those that pertain to Construction Deficiencies & Tarion, Section 113 Applications to Terminate Mutual Use Agreements, and First-Year Budget Deficits.

Construction Deficiencies & Tarion

Construction deficiencies can be a significant concern for new condo owners. Tarion, a program that ensures buyers receive coverage under their builder’s warranty, offers some protection against these issues. We can help thoroughly assess your situation, identify construction defects, and help you navigate the Tarion claims process effectively. We aim for quicker resolutions and fair compensation, ensuring that your investment in a new condo remains a source of pride and comfort rather than a source of frustration.

Section 113 Applications to Terminate Mutual Use Agreements

Section 113 of the Act provides for a means for condo corporations and owners to apply for the termination of Mutual Use Agreements (MUAs). When parties wish to end such agreements, they can submit applications to the Condominium Authority Tribunal (CAT). CAT assesses these applications, weighs the interests of all parties involved, and makes decisions regarding the termination of MUAs. This section of the Act ensures a fair and transparent process for resolving disputes related to the mutual use of shared facilities/common elements within condominium communities. Pulver on Condos has significant experience in dealing with such issues extensively before the CAT.

First-Year Budget Deficits

First-year budget deficits refer to a situation where the initial budget for a condominium corporation falls short of covering its anticipated expenses during the first year of operation. These deficits can arise due to the underestimation of costs, unexpected repairs, or the mismanagement of finances. Condo owners may need to cover these deficits through means such as special assessments or borrowing from the reserve fund. Addressing first-year budget deficits is crucial to ensure the financial stability of the condo corporation and to comply with legal obligations in accordance with the Act to maintain common elements and services.

Condominium communities in Ontario must comply with the Ontario Human Rights Code (the “Code“). The Code is a provincial legislation that gives everyone equal rights and opportunities without discrimination in areas such as jobs, housing, services, facilities and contracts. The Code’s goal is to prevent discrimination and harassment due to race, sex, disability, age, sexual orientation, and a number of other protected grounds.

Condominium corporations must ensure their environment is one free of harassment and discrimination against any of the protected grounds. Condominiums must also provide accommodation to residents to the point of undue hardship, where a resident requires accommodation due to a need related to a protected ground.

There is an increasing number of accommodation requests and complaints of discrimination being raised at the Human Rights Tribunal by condominium residents. It is vital that condominium corporations are aware of their duties under the Code, and know how to properly respond to complaints of discrimination and/or requests for accommodation. Condominium corporations should also have a human rights policy in place, which provides a guideline for owners and residents of the condominium’s responsibilities with respect to human rights.

We have significant experience dealing with the Code and in addressing litigation brought at the Human Rights Tribunal of Ontario. We routinely act for both condominium corporations and owners/residents with respect to various human rights issues. Please feel free to reach out if you have questions or whether we can be of assistance.