Privacy and the Common Elements: Are Police Surveillance Cameras Allowed on Condominium Property?

In the 2016 criminal law case, R v Brewster, the police had entered the common elements of various different condominiums – sometimes with permission from the board or management, and sometimes without permission. In three cases, the police had also installed surveillance cameras on the common elements, with permission either from the board or management. These steps were taken (at least initially) without any police warrant. Continue reading “Privacy and the Common Elements: Are Police Surveillance Cameras Allowed on Condominium Property?”

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What Should Go In Board Minutes?

There is no prescribed format, and no specific guideline, about the required content for board minutes. But, I think it’s clear that the minutes should contain the following:

  • the date of the meeting (and the start time of the meeting, if desired);
  • the persons in attendance at the meeting;
  • the resolutions (including mover, seconder, and decision taken in each case).

Additional information in the minutes is essentially “optional.”

However, I add the following notes: Continue reading “What Should Go In Board Minutes?”

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Repair and Maintenance Issues – Things to Watch For

Concern 1: The Definitions of “repair” and “maintenance” will change

With respect to the definition of “maintenance”, currently section 90(2) of the Condominium Act says that:

The obligation to maintain includes the obligation to repair after normal wear and tear but does not include the obligation to repair after damage. 

This means that the obligation to “maintain” currently appears to include end of life replacement. Continue reading “Repair and Maintenance Issues – Things to Watch For”

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Do Notice Requirements Apply to Turnover Meetings?

In the aftermath of the 2017 amendments to the Condominium Act, we are all likely well familiar with the updated notice requirements for meetings:

  • A notice of meeting must be given at least 15 days prior to the date of the meeting of owners; and
  • In addition, a preliminary notice must be given at least 20 days prior to the notice of meeting going out.

So, ultimately the preliminary notice must be given at least 35 days prior to the scheduled date for the meeting of owners. Continue reading “Do Notice Requirements Apply to Turnover Meetings?”

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Carbon Tax Will Be Implemented In Ontario On April 1st! But How (If At All) Will Your Condominium Be Impacted?

As part of Canada’s effort to meet the emission reduction goals established at the 2015 Paris Global Climate Conference, a federal carbon tax will take effect on Monday, April 1st, 2019. The tax will take effect in the four Provinces that failed to introduce their own approved carbon pricing systems – Ontario, New Brunswick, Manitoba, and Saskatchewan. Continue reading “Carbon Tax Will Be Implemented In Ontario On April 1st! But How (If At All) Will Your Condominium Be Impacted?”

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