Five Things To Know Before Renting Your Condo Out As A Short-Term Rental

Sabrina Saltmarsh, B.A. (Hons), J.D.Condo Litigation, Real Estate Litigation0 Comments

Since the rise in popularity and use of Airbnb and other similar sites, the opportunity to make some extra cash by listing property on these websites seems to be gaining appeal. In urban centres short-term rentals have become a sizeable industry. This has meant that municipalities, and condominium communities alike have all had to grapple with how to respond to this growing sector of the new home-sharing platform. In this blog we address some important things you should take into account as you consider listing your home for short-term rental. 1) Are There Any Municipal Rules Restricting Short Term Rentals In Your Area? On December 7, 2017 Toronto’s City Council approved the regulation of short-term rentals in the City. Other jurisdictions might take a different approach, including prohibiting or zoning short-term rentals, or excluding certain types of properties from eligibility. In Toronto short-term rentals are permitted in all housing types … Read More

Condo Dwellers Get A Lift From New Elevator Regulations

Sabrina Saltmarsh, B.A. (Hons), J.D.Condo Litigation, Real Estate Litigation0 Comments

With more Ontario residents making the move to vertical condominium communities the Ontario government has turned their attention to that pesky problem of elevators down for service. There are approximately 20,000 elevators already operational in buildings throughout the province, and about 1550 of them are more than 50 years old with another 10,000 over 25 years old. The legislation is not only a positive step towards recognizing the essential service that elevators provide to condominium residents and particularly, elderly residents, those with disabilities and those living on the highest floors of increasingly taller condominium buildings, but the first jurisdiction to pass such regulation in the world. So what is this new legislation going to mean? Enhanced enforcement of maintenance requirements including , preventative maintenance requirements and a maximum time allotment for elevator service outages. With enforcement through fines levied against elevator maintenance companies, and owners. Improved information sharing with Fire and … Read More

Nick Poon Comments on Condominium Liability Issues for the Toronto Sun

Nick P. Poon, B.Sc. (Hons.), B.A., J.D.Condo Litigation, Directors' and Officers' Liability, Gilbertson Davis LLP News, Negligence, Property Management0 Comments

Nick Poon was recently asked to comment on the duty and standard of care of condominium corporations, boards of directors and property managers in respect to security and safety in condominiums. Read the Toronto Sun article here: “Creepy Yorkville condo stalker terrifies women“. If you require legal advice and representation in respect to condominium disputes, please contact us for an initial consultation.

7 Things You Should Know Before Requesting Records From Your Condo

Sabrina Saltmarsh, B.A. (Hons), J.D.Condo Litigation, Real Estate Litigation5 Comments

With the new amendments to the Condominium Act, there will be new rules and guidelines on how condominium corporations and unit owners will deal with records requests. There has been recognition on the regulatory level that unit owners requests for records has been a pesky problem causing grief for condominium corporations and unit owners alike, neither of whom are particularly clear on what their rights and obligations are when a unit owner is seeking records. This is in part due to the fact that the Condominium Act originally enacted in 1998, was relatively untouched until the government recognized the need for clarity and began working on legislative reform in 2012. In 2015 two major pieces of legislation were enacted, the Protecting Condominium Owners Act (an amendment to the original Condominium Act), and the Condominium Management Services Act, which have served to dramatically update and clarify a lot of the rules and regulations surrounding … Read More

Court of Appeal Majority Rejects Oppression Claim Against Condominium Corporation’s Leasing of Parking Spaces

Gilbertson Davis LLPCommercial, Commercial Leasing, Condo Litigation, Oppression Remedies, Real Estate Litigation, Retail Disputes, Retail Litigation0 Comments

In Cheung v. York Region Condominium, the appellant owned several units which were leased to tenants who operated a 230-seat restaurant out of those units. After complaints by other unit owners that restaurant customers were taking up most or all of the 162 shared common element parking spaces, the condominium corporation enacted a by-law to allow the corporation to lease four parking spots per unit owner “from time to time”, reducing the potential number of spaces available to restaurant guests by 80%. The applicant sought a declaration that the by-law was invalid since the leases could be perpetual and thereby essentially create exclusive use common elements, which can only be created by specific declaration, not through by-law. The applicant further argued that the by-law was oppressive and unfairly prejudicial to the applicant’s interests. The majority held that, since the by-law only approved the ability to enter into leases, which could be on whatever … Read More

Big Changes Coming for Condo Living In The GTA

Sabrina Saltmarsh, B.A. (Hons), J.D.Condo Litigation, Real Estate Litigation0 Comments

With the current detached housing market crunch, it’s perhaps no surprise that according to data collected by City News there are currently over 3200 more condo projects either under review, being appealed or actively under construction. That’s an estimated 272,000 new units for the Toronto area. Life in downtown Toronto, Mississauga, or Hamilton will most likely mean living in a condominium for many urban residents.  Condominium legislation is developing at a rapid pace to keep up with the increasingly complex and unique legal issues faced by condo dwellers. In 2015, two major pieces of legislation were enacted, the Protecting Condominium Owners Act, and the Condominium Management Services Act.  These laws will have a big impact on condominium related legal issues. Here’s some of the most important changes you should know about if you own or live in a condominium, or are thinking about it. 1) Most Legal Disputes Will Be Decided By … Read More