Week Four Condo Quiz Question – Final Week!

Enter to Win $500 in Legal Services from Nelligan O'Brien Payne’s Condo Group!*

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

It's not too late! Don't miss your chance to take part in The Great Eastern Ontario Condo Quiz – this is the final week! The winner will be drawn randomly on November 1, 2013, and will be announced in our November 5, 2013 blog post. For more details on the contest, including how to enter, please click here.

The Official Week Four Question is:

The Board of a Condominium Corporation is dealing with a tenant who refuses to comply with a rule prohibiting him/her from storing personal items (aside from a vehicle) in the owner’s parking space. Several written requests have been sent to the owner, and the owner continues to refuse to comply.  What should the Board now do?

  1. Nothing;
  2. Physically remove the personal items from the parking space and dispose of them;
  3. Call the police; or
  4. Consider starting a Court Application for compliance with the Rules.

Instructions for Submitting:

To submit your entry for this week, please begin by entering your email address in the box below and hitting enter. An email will be sent to your inbox with directions on how to access the online entry form.

Submit


NO PURCHASE NECESSARY TO ENTER OR WIN. Open only 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. Not open to employees or immediate family members of employees of Nelligan O’Brien Payne LLP or its affiliated entities. Contest closes at 11:59 p.m. ET on October 31st. One (1) prize available to be won consisting of $500.00 CAD in legal services from the Condominium Law Group at Nelligan O’Brien Payne LLP, and a Nelligan O’Brien Payne merchandise prize package. Draw will be conducted on or about November 1, 2013, and winner will be announced on November 7, 2013. Odds of winning depend on the total number of eligible entries received for the drawing at issue. Mathematical skill testing question must be answered correctly to win. For full rules, please click here.

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Condominium Corporation Entitled to General Compliance Order

Nancy Houle of our office successfully represented one of our condominium corporation clients in a recent Court dispute between the corporation and the owners of one of the units.

According to the Court’s decision, the owners had:

  • delayed permission to allow the condominium corporation to replace an energy meter in the unit; and
  • breached the condominium’s rules by doing the following: “they threw snow from their seventh floor terrace, they improperly stored their kayak , bicycles and skis, and they placed planters on their balcony”.

The Court said that the replacement of the energy meter did not constitute a “change” within the meaning of section 97 of the Condominium Act (and the corporation was accordingly entitled to replace the meter). The Court said: “The condominium complied meticulously with the Act. “The Court also said that one of the owners had “simply decided that the rules of the condominium were not going to apply to him“.

The Court ordered that the owners “pay all costs associated with the installation of the energy meter in their unit, as well as the back payment of water charges as calculated by the condominium“.

The Court also made a general Order that the owners comply with “all of the by-laws of the condominium including not throwing snow from the balcony, not storing a kayak, canoe or other item in the parking unit, and any other rules enacted by the condominium that apply to its unit owners“.

So, when an owner violates certain rules of a condominium, the condominium corporation may then be entitled to a general compliance order, stating that the owner must subsequently avoid all violations of the condominium’s by-laws and/or rules.

The decision in Ottawa-Carleton Standard Condominium Corporation No. 671 v. Friend can be found in Superior Court File No. 12-55105.

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Week Three Condo Quiz Question

Enter to Win $500 in Legal Services from Nelligan O'Brien Payne’s Condo Group!*

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

Take part in The Great Eastern Ontario Condo Quiz! The winner will be drawn randomly on November 1, 2013, and will be announced in our November 5, 2013 blog post. For more details on the contest, including how to enter, please click here.

The Official Week Three Question is:

When a condominium corporation holds a unit owner responsible for its legal fees, that unit owner is entitled to have those legal fees reviewed, or “assessed".  True or false?

Instructions for Submitting:

THE WEEK ONE QUESTION SUBMISSION PERIOD IS NOW CLOSED. THANKS FOR ENTERING!

NO PURCHASE NECESSARY TO ENTER OR WIN. Open only 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. Not open to employees or immediate family members of employees of Nelligan O’Brien Payne LLP or its affiliated entities. Contest closes at 11:59 p.m. ET on October 31st. One (1) prize available to be won consisting of $500.00 CAD in legal services from the Condominium Law Group at Nelligan O’Brien Payne LLP, and a Nelligan O’Brien Payne merchandise prize package. Draw will be conducted on or about November 1, 2013, and winner will be announced on November 7, 2013. Odds of winning depend on the total number of eligible entries received for the drawing at issue. Mathematical skill testing question must be answered correctly to win. For full rules, please click here.

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Upcoming Condominium Events

Fall is a busy season for our firm’s Condo Law Group and for the Ottawa Chapter of the Canadian Condominium Institute (CCI).This is a listing of some upcoming events in the Ottawa area.

CCI Ottawa Chapter Annual General Meeting
October 19th
9 AM
Nepean Sportsplex (1701 Woodroffe Avenue)

Fall 2013 CCI Condominium Directors’ Course
November 9th and 10th
9 AM – 4 PM
Capone’s Ballroom – Nepean Sportsplex (1701 Woodroffe Avenue)

To register visit: http://www.cci.ca/ottawa/NEWS-EVENTS/events.asp

ACMO/CCI Condo Conference 2013
November 15th and 16th
7:30 AM – 10 PM
Toronto Congress Centre (650 Dixon Road – Toronto)

To register visit: http://www.condoconference.ca/REGISTER/index.php

Condo Conundrums Session 2013
November 28th
1:30 PM – 3:30 PM
The Hellenic Community of Ottawa (1315 Prince of Wales Drive)

Join eight of our condo law experts for an entertaining and informative afternoon. Mingle from table to table, each hosted by one of our condo law lawyers, for a lively discussion of current issues of interest in the condominium community, and find the answers to your questions!

To register: please contact Kristen Cinnamon by email or at 613-231-8271.

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Assessment of Legal Fees for Lien

We recently responded to an owner’s assessment of our legal bill in relation to a lien.

We had registered a notice of lien against the owner’s unit, on behalf of a co-tenacy association. The owner then sought to assess the legal bill (which had been included as part of the lien amount) before an assessment officer/assessor.

A lawyer’s client (in this case, the condominium corporation) has the right to arrange for assessment of the lawyer’s bill under Ontario’s Solicitors Act. The Solicitors Act also says that any party who is liable to pay a legal bill (in this case, the owner) can also arrange to have the bill assessed by an assessor.

In our case, the assessor confirmed that our legal bill was reasonable. But the assessor went on to say that the owner was not liable to pay the legal costs, and therefore assessed the legal bill at $nil.

We appealed the assessor’s decision to a judge, and the judge overturned the decision. The judge said:

  • The assessor had no authority to determine whether or not the owner was obligated to pay the legal costs. The assessor could only assess the legal bill. In other words, the assessor could only determine the reasonableness of the legal bill.
  • The assessor’s finding that the legal bill was reasonable was accepted and the bill was accordingly assessed in its full amount.

The decision in Aiello v. Nelligan O’Brien Payne can be found in Superior Court File No. 13-57411.

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