Claim by Landlord Against Tenant For Unauthorized Airbnb

In the recent case Re Jovasevic, the landlord had rented a condominium unit to a tenant under a long-term lease. The tenant proceeded to list the unit “on the Airbnb website as a home share available for short term rentals” without the landlord’s knowledge or consent. The unit was then rented out to many sub-tenants, on a short-term basis, over many months. Continue reading “Claim by Landlord Against Tenant For Unauthorized Airbnb”

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Shared Facilities Agreements Will Soon Be Mandatory

Section 21.1 of the Condominium Act is a proposed new section to the legislation. It will require a shared facilities agreement to be prepared and registered for pretty much any property that is shared, or will be shared (with another party), by a condominium or a prospective condominium.

This section is not yet in force, and the related regulations have not yet been prepared.  But it could arrive any day (as part of the next phase of the amendments to the Condominium Act). Continue reading “Shared Facilities Agreements Will Soon Be Mandatory”

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Who Can Rely On A Status Certificate?

Recently I received an interesting question respecting status certificates from a very astute condominium manager.

As many of our readers know, under the former (1978 version) of the Condominium Act, Section 32(8) of that Act said that a status certificate was binding upon the condominium corporation “as against the person requesting the certificate.”

However, the current Act – Section 76(6) – does not contain the same words. Instead, section 76(6) of the current Act says that the certificate binds the corporation “as against a purchaser or mortgagee of a unit who relies on the certificate”…and this could, in theory, be someone other than the person who requested the certificate!

So the question raised by the condominium manager is as follows: Continue reading “Who Can Rely On A Status Certificate?”

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