The Great Eastern Ontario Condo Quiz – 2014 Edition!

Take part in The Great Eastern Ontario Condo Quiz – 2014 Edition! A contest made for Eastern Ontario’s condominium communities to celebrate the fall season!

Have a question about a condo owner with a noisy pet? Want to know how to remove a director from your condo board? Thinking about buying a condo? Enter to win a one hour conversation on a condo law question of your choice with one of Nelligan O'Brien Payne’s Condo lawyers!*

*For full contest rules, including a description of the prize, please click here.

The contest will run for four weeks in October, on Condo Law News, a blog published by the Nelligan O’Brien Payne LLP Condominium Law Group*. Visit the blog at: www.condolawnews.ca.

A quiz question will be included in our weekly blog posts from October 2nd to October 30th 2014, which will be based on the previous week’s blog post. You will have one week from the date of posting of the quiz question to submit your answer through our online form. Each correct answer submitted before the deadline gives you one entry in a draw. The winner will be chosen at random from the entries submitted over the four weeks, and will be required to answer a skill testing question.

The winner will be announced in our October 30th blog post.

Week One Question: CLOSED

Week Two Question: CLOSED

Week Three Question: CLOSED

Week Four Question: CLOSED

Please share this message with your condominium boards, managers and residents! The more entries received, the better chance you have of winning!

The Great Eastern Ontario Condo Quiz – 2014 Edition Official Rules

THE GREAT EASTERN ONTARIO CONDO QUIZ – 2014 EDITION OFFICIAL RULES

GENERAL CONTEST RULES: By entering the Contest, Entrants agree to abide by these Official Contest Rules (the “Official Rules”) and the decisions of the Sponsor, which are final. The failure of the Sponsor to enforce any term of these Official Rules will not constitute a waiver of that provision.

The Sponsor reserves the right, in its sole discretion, to terminate the Contest, in whole or in part, or modify, amend or suspend the Contest and/or the Official Rules in any way at any time for any reason, without prior notice or compensation. In the event of cancellation, Sponsor may elect to identify Winner and award the Prize by way of a random draw from among all eligible Entries received up to the time of such cancellation.

CONTEST PERIOD: The Great Eastern Ontario Condo Quiz (the “Contest”) starts on Thursday, October 2, 2014, and ends at 11:59 p.m. Eastern Time (“ET”) on Wednesday, October 29, 2014 (“Contest End Date”). The Sponsor of the Contest is Nelligan O’Brien Payne LLP (the “Sponsor”).

ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE CHANCES OF WINNING. The Contest is only open to legal residents of Ontario who are of legal age of majority and at least nineteen (19) years of age at the time of entry. Employees, officers, and directors (including Immediate Family members and members of the same household, whether or not related) of the Sponsor or its affiliated entities are not eligible to participate or win a prize. "Immediate Family" means spouses, parents, siblings and children and their respective spouses, regardless of where they reside.

HOW TO ENTER: Visit www.condolawnews.ca/e/the-great-eastern-ontario-condo-quiz-2014-edition.cfm, click on the Contest Banner on www.condolawnews.ca, and/or enter the information requested in the fields located under the Official Weekly Question at the bottom of each Condo Law News Contest blog post during each of the four (4) Weekly Contest Periods outlined in the Schedule below to access the online entry form for the Contest (the "Online Entry Form"). Online entry only. No other method of entry will be accepted. Free access to the Internet is available at most public libraries.

Entrant” means the person who is the “Authorized Account Holder” of the email address submitted at the time of entry. All online Entries must include a valid e-mail address for the Entrant. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. In the event of a dispute, Entries will be deemed to be submitted by the Authorized Account Holder of the email address submitted at the time of entry. No correspondence will be entered into with Entrants except with a Potential Winner.

By fully completing all non-optional information and successfully submitting the Online Entry Form as directed during a Weekly Entry Period and answering the Official Weekly Question correctly, Entrant will receive one entry (an “Entry”) the Contest for the Draw Period. Entrants to the Contest may be given the option to subscribe to the Sponsor’s publications, however, eligibility to participate in the Contest is not dependent upon entrant's consent to subscribe, and subscription will not impact Entrant’s chances of winning. Incomplete entries will be deemed void.

Limit of one (1) entry per Entrant/e-mail address per Weekly Contest Period. Entrants may not submit entries from more than one email address. The contest periods are outlined in the chart below (each a "Contest Period").

Weekly Contest Period Schedule*:

Weekly Contest Period Start

Weekly Contest Period Deadline

2:00:00 p.m. ET on October 2, 2014

11:59:00 p.m. ET on October 8, 2014

2:00:00 p.m. ET on October 9, 2014

11:59:00 p.m. ET on October 15, 2014

2:00:00 p.m. ET on October 16, 2014

11:59:00 p.m. ET on October 22, 2014

2:00:00 p.m. ET on October 23, 2014

11:59:00 p.m. ET on October 29, 2014

* The Sponsor’s computer system will be the official clock of the Contest.

RANDOM DRAW: A random draw (the “Draw”) for the Prize by the Sponsor will be held on or about October 30, 2013 (the “Draw Date”) in Ottawa, Ontario from all Eligible Entries, and one Entrant (the “Potential Winner”) will be selected. Odds of winning the Prize depend on the number of eligible Entries received by the Sponsor.

DECLARING A WINNER: To be declared the Winner (the “Winner”) and claim the Prize, a Potential Winner must (i) be eligible according to these Official Rules, (ii) correctly answer, without assistance of any kind, whether mechanical or otherwise, a time limited mathematical skill testing question which will be administered by telephone at a mutually agreeable time, and (iii) sign a duly completed Liability and Publicity Release Form (the “Release Form”) and return same to the Sponsor by the date specified on the form.

Attempts will be made to contact a Potential Winner by email and/or by telephone at the e-mail address or telephone number provided on the Online Entry Form at the time of entry, between 9:00 a.m. and 9:00 p.m. ET for a period of three (3) business days following the Draw Date. If a Potential Winner cannot be reached within the allotted time, incorrectly answers the skill testing question, as determined by the Sponsor in its sole discretion, or declines the prize, they will be disqualified, the prize will be forfeited and, at Sponsor's discretion and time permitting, an alternate potential winner may be selected at random from among remaining eligible entries. The Winner’s name will be announced in the October 30, 2014 Condo Law News Contest blog post.

Prize will be awarded only upon verification and final approval by the Sponsor. Prize must be picked up at the Sponsor’s Ottawa office, located at 50 O'Connor Street, Suite 1500, Ottawa, Ontario, K1P 6L2, at a date and time as agreed to by the Sponsor and the Winner. In order to receive the Prize, each winner must have two pieces of government-issued identification (including one photo ID). Prize must be picked within four (4) weeks of being confirmed as a winner.

DISQUALIFICATION: A Potential Winner will be disqualified if they (i) are ineligible for the Contest according to these Official Rules, (ii) they submit entries from more than one email address (iii) provide an incorrect answer to the skill-testing mathematical question (iv) fail to fully complete, sign and return any required documents to the Sponsor by the date specified on the document, and/or (v) are found tampering with or abusing any aspect of this Contest. A disqualification will result in Prize being forfeited and, at Sponsor's sole discretion, and time permitting, an alternate Potential Winner will be randomly drawn by the Sponsor from among all remaining eligible entries.

Persons found tampering with or abusing any aspect of this Contest or attempting to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or Sponsor's representatives or who are in violation of these Official Rules, as solely determined by Sponsor will be disqualified and all associated Entries will be void. Any attempt to deliberately damage the content or operation of this Contest is unlawful and subject to legal action by the Sponsor, and/or its respective agents.

PRIZE: There will be one (1) prize available to be the won (the "Prize"), consisting of: (a) a one (1) hour conversation on a condominium law question of the contest Winner’s choice with a lawyer from the Sponsor’s Condominium Law Group, and (b) and a merchandise prize package from the Sponsor with an estimated retail value ("ERV") of $50.00 CDN. The conversation outlined in Part (a) of the Prize above will not constitute legal services or create a solicitor-client relationship. All Prize details, including exact nature of merchandise prize package will be determined in the sole discretion of Sponsor. Prize must be accepted as awarded and no substitution, transfer, conversion or assignment of Prize will be allowed. The Sponsor reserves the right to substitute a prize of comparable or greater value at its sole and discretion. 

Any and all additional costs and expenses associated with Prize acceptance and use not specified herein as being provided that are incurred by the Winner in claiming, accepting and/or using their prize are the sole responsibility of the Winner. The Winner is fully responsible for any and all applicable federal, provincial, and municipal taxes (including income and withholding taxes).

PUBLICITY RELEASE: By participating in the Contest and submitting an entry, the Winner authorizes the Sponsor and each of its designees to use in any related publicity, the Winner's name, photograph, image, any statements they may make regarding the prize, city and province of residence, likeness and/or voice for advertising and promotional purposes worldwide in perpetuity and in any form of media now or hereafter devised worldwide (including the Internet), without limitation and without additional compensation or consideration, notification or permission, unless prohibited by law.

WAIVER OF LIABILITY: By participating in the Contest and submitting an entry, each Entrant agrees to waive any and all claims against the to release the Sponsor and its affiliated entities, and all of their respective officers, directors, employees and agents (the “Released Parties”) from liability for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Contest or from the receipt, possession, use and/or misuse of any prize or any travel or activity that is related to the receipt or use of the Prize. In no event will Released Parties be liable for any special, incidental, consequential, indirect or punitive damages arising out of or in connection with this Contest and/or the Prizes, however arising, including negligence.

Released Parties (i) make no warranty, guaranty or representation of any kind concerning any prize, and (ii) disclaim any implied warranty. Released Parties are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other error of any kind whether human, mechanical or electronic. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest.

PRIVACY: By entering this Contest, Entrant consents to the collection, use and sharing of information about Entrant by the Sponsor for the sole purpose of administering this Contest. All information submitted by entrants is subject to, and will be treated in a manner consistent with the Sponsor’s Privacy Notice accessible at: www.nelligan.ca/e/privacynotice.cfm.

APPLICABLE LAWS: This Contest is subject to all applicable federal, provincial and municipal laws. Except where prohibited by law, all issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the Entrant and the Sponsor in connection with the Contest will be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction's laws. Any litigation must be commenced in the City of Ottawa, Ontario.

Hydro Billings – Consider Your Options

In some condominiums (often older high-rises), electricity is “bulk-metered”. In bulk-metered condominiums, there are no separate hydro meters for the units, and all electricity (including electricity consumed in the units) is paid by the condominium corporation and included in the common expenses.

When electricity is bulk-metered, a couple of options may be worth considering:

(a) The condominium may wish to deliver a “Self-Declaration” form to the hydro utility (the form can be obtained from the hydro utility). The effect of this is as follows: Before the Self-Declaration form is delivered, the condominium is deemed to have only one unit (and will be billed accordingly). After the Self-Declaration form is delivered, the condominium will be billed based upon the number of units in the condominium. Credits and lower rates will then be applied for each of the units in the condominium. This could result in considerable savings.

(b) The condominium may wish to explore converting to suite metering. There are many factors and considerations (when it comes to suite metering). Some hydro utilities are now willing to assist condominium corporations by covering the cost for suite meters; and in some cases the utility will even read the suite meters, and bill the owners. But other costs (for example, costs to upgrade the electrical system to allow for suite metering) may not be covered by the utility. The ultimate result (if suite metering is pursued) is that electricity consumed in the units would be paid by the owners, and would be removed from the common expenses.

Again, these options may be worth exploring.

There are also energy management consultants who can help with these and other hydro billing issues.

Errors in Status Certificates

The Condominium Act, 1998 [Section 76 (6)] says that a status certificate binds the corporation as against the person who obtains the certificate. But a recent Ontario Superior Court decision says that, in some circumstances, the impact of the status certificate may be limited.

In 1716243 Ontario Inc. v. Muskoka Standard Condo Corp. No. 54, the status certificate prepared by the condominium corporation had failed to include the monthly common expense amounts related to two parking units which formed part of the property the purchaser was acquiring.

Relying upon the status certificate, the purchaser refused to pay the monthly common expenses for the two parking units (in the amount of $168.04 per month). The purchaser maintained that he was not, and never would be, obligated to pay the monthly common expenses attributable to the parking spaces.

The Court found that the purchaser was entitled to rely upon the status certificate and its inaccuracy, but only until the end of the fiscal year for which it was prepared. The status certificate included the budget on which the common expense payments were set, but stated that a new budget could result in increases which were undetermined as of the date of the certificate. So, the purchaser was only entitled to avoid the common expenses (related to the parking units) during the fiscal year in which the status certificate had been issued.

The decision clarifies that status certificates sometimes won’t bind a condominium corporation beyond the year in which they were issued. At the same time, this decision emphasizes the importance of ensuring the accuracy of a status certificate.

CCI-Ottawa Session: Living Well in a Condominium – What Every Condo Owner Needs to Know

Don't miss out on your chance to attend the Canadian Condominium Institute (CCI) Ottawa on September 18, 2014! Christy Allen of Nelligan O'Brien Payne LLP will be speaking.

This informative session will help condo owners understand condo rules and why they are in place, as well as the roles of condo managers, boards and owners. It will take place at 1315 Prince of Wales Drive (in the Adonis Room) at 6:30pm.

For more information, or to register visit: http://cci.ca/Ottawa/NEWS-EVENTS/PDF/Condo-Living-Sept2014R.pdf