Pets in your Condo - What will they do about your cat?

The judge noted that the Board had a “duty to act fairly in making a decision that affects the rights, privileges or interests of an owner.” 

Condominium Decisions are not made in a vacuum but Condominium purchasers also need to know that rules exist to be enforced; not bend by exemption.

If the building is no pets;  OTHER owners purchased there under that understanding.

In a recent Alberta case, Condominium Plan No. 762 1302 v. Stebbing, the condominium corporation was unsuccessful in its attempt to have a cat removed from the property.  The condominium by-laws provided that no animal or pet was permitted without the approval of the board, which approval could be arbitrarily withheld and if given, could be withdrawn upon 15 days’ notice. The by-laws also provided that the Board could request removal of any animal that is deemed a nuisance or annoyance.

Ms. Stebbing, the owner, had made Board approval of her cats a condition of the purchase of her unit.  She was under the mistaken impression that approval had been granted at the time that she purchased her unit.  Everything was fine for a couple of years.

After more than two years the Board demanded that Ms. Stebbing‘s cats be removed on the basis that no consent had been obtained. The Board had received complaints from some owners who were allergic to cats, although no specific complaint was directed at Mrs.  Stebbing’s cats. There were a number of pets in the condominium, some of which had approval and others that did not.  When Ms. Stebbing refused to remove her cats the condominium commenced a court application.

The judge noted that the Board had a “duty to act fairly in making a decision that affects the rights, privileges or interests of an owner.”  In view of the fact that the Board had allowed this situation to exist for some time and subsequently changed its position the Court considered whether the Board’s behavior was oppressive or unfairly prejudicial. “Pets are not simply chattels.  Compliance with Section 67 of the [Alberta Condominium Property] Act in this case requires balancing the inconvenience and discomfort suffered by other residents with depriving another of the comfort and companionship a pet affords its owner.  It is not simply a case of the Board always siding with an owner with allergies.” The judge further noted that the 15-day removal provision in the by-law should be reserved for extreme cases.

At the end of the day the court did not make any finding on whether the Board’s conduct was oppressive or unfairly prejudicial.  Instead the judge made a declaration that Ms. Stebbing’s cat (one had previously passed away) was in breach of the condominium by-law as written consent had never been obtained, but he stayed enforcement until the cat died or was relocated by the owner.

This case illustrates that if a Board delays in enforcing the condominium documents, it risks finding that a provision may not be enforceable against a particular owner.  If the board becomes aware of any breach of the condominium documents, it must act promptly and consistently in taking any enforcement steps.

However the Board should be consulting with legal counsel if there are any possible human rights considerations at play, as the Board’s duty to enforce the condominium  documents must be balanced with its duty to accommodate persons with disabilities.  Matters  of this nature will  need to be reviewed with legal counsel on a case-by-case basis.  Readers can refer to many of our previous blogs that deal more specifically with human rights issues.

- See more at: http://www.condoreporter.com/?p=3325#sthash.5UKp3jGu.dpuf

Toronto Market Observations May 2014

Toronto Summer 2014

Yes, sales are up, again, by a staggering 19% in Toronto! The average price of a detached home in the 416 is pushing a million dollars.



http://www.huffingtonpost.ca/2014/05/20/toronto-house-prices-soar_n_5359659.html?utm_hp_ref=canada-business

The number of detached homes sold last month were 1300 with a year over year appreciation of 13% in value.

[Flash back 4 years] http://youtu.be/mu269xorKBY   Same Media Perspective.

Sales in the 905 are selling 3 times as many for houses with 3,500 units but the individual price is averaging $645K.  Simply put, you are driving till you can afford it. 

Sales in tony neighbourhoods like Roncesvalles Village and Bloor West only numbered  57 and 91 units respectively fueling multiple offers approaching $966,000 as an average sale.

While the House Prices are up, Condo prices are flat with values that reflect 2009  pricing as more units become available.

Skyrocketing house prices are forcing more first-time buyers into condos, just to get a foothold in the housing market; only 53% of Toronto home buyers can afford detached houses.

Why is the number of average homes declining?

Seniors (Baby Boomers) are not selling but are instead IMPROVING and Renovating their homes for a long term ownership and are sitting on their real estate assets. This further constricts the supply.

http://www.theglobeandmail.com/news/british-columbia/boomers-sitting-on-163-billion-in-real-estate-holdings/article18770674/?cmpid=rss1

Rentals are also softening their prices with a vacancy rate of 1.5% but bare in mind 70% of Condos in Toronto are Owner Occupied. (MacLeans) 
http://www.macleans.ca/society/life/condo-hell/

There is a huge pool of singles, both young and old that live alone. Condos feed that need and lifestyle. Although sales numbers seem high, this market is in temporarily oversupply. In a few years time there will be fewer and the dynamic changes again.

If you would like to discuss what's happening in the Toronto Real Estate Market I invite you to add your comments here.

If you would like to buy or sell Give me a call.

647 218 2414
I answer my own phone

David Pylyp

Uninterrupted View of the Lake

Million Dollar View Of Lake Ontario And DownTown Toronto. Park Lake Residences, Lake Shore at Ellis Ave., High Park. Situated at Humber Bay east of the Humber River Bridge, almost a thousand square feet of Hardwood Floors And Ceramic/Glass Back Splash Offset The Floor To Ceiling Glass That Draw Your gaze.



Upgraded Cabinets, Under Mounted Lights and double sink. Superior bathroom granite & marble floor trim add to your ambiance and a hotel lifestyle.  Lower the full length roller blinds to dim the morning sunrise, Have coffee on your outdoor Open Air Balcony Overlooking The Lake. Virtual Tour has incredible time lapse city view sequence.

Click here to connect with additional picture gallery

If you would like a private showing, make an appointment by calling 627 218 2414

Mr Christie's Go Train Stop - Park Lawn and Lake shore

Why can't we have a MR Christie's Go Station PLUS the Mimico?  They serve two distinct and growing communities.

Mimico is established and HUmber Bay Shore is nearing 12,000 condo units immediately at Park Lawn Road and Lake Shore Blvd., West.

http://news.ca.msn.com/ontario/toronto/councillor-grimes-residents-slam-proposal-to-relocate-mimico-go-station

“Fundamentally the issue is because the Mr. Christie’s bakery owned by Mondelez is going to close, which creates the opportunity to acquire land for a new GO station at Parklawn.” 
Milczyn said the point of his original motion was to get Metrolinx, which is carrying out $44 million in renovations to the Mimico GO station, to provide feedback to the city on relocation. But according to the report presented at committee, the transit planning agency, which recently announced extended service for the entire Lakeshore GO Train line, didn’t respond to the city’s requests for consultation. 
“The key issue is engaging Metrolinx in a discussion on the potential opportunities to improve access to GO service routes for south Etobicoke,” he said. 
Spokesperson Vanessa Thomas said Metrolinx has had frequent conversations with city staff on the Mimico station renovations which includes constructing a pedestrian tunnel and expanding the north passenger platform to accommodate 12-car trains. 
“Currently, we have no plans to build a GO Station at the Parklawn location. Currently, we are working on upgrading Mimico Station,” 

The Mimico community is bountiful and thriving with Bake Shops, Grocers, Cafe and Restaurants.   Why relocate the station?   Better to create an additional station at Park Lawn Road and Lake Shore to serve a completely different community; being Humber Bay Shore.

What do you think?

What Happened to Pickin' Chicken? Living in Mimico

Do you remember driving past the Picken Chicken Restaurant on the south side of Lake shore in Mimico?    Do you recall the dinners?   Or the Parking Lot?   What ever happened to that place?  Its right at the bend that divides Humber Bay Shore and the thousands of Condominium units that now comprise Humber Bay Shore.  


This happened;  waterfront development, new marina and access to the waterfront via Norris Ave (The Birds and The Beans) and what we hope will be access for thousands of people to wander the Martin Goodman Trail.

Mimico Waterfront;  That is Humber Bay Shore

Mimico Waterfront Park was officially open June 07th, 2013 with an addition of 1.1 kilometers of continuous park and walking trail that joined the Norris Crescent Parkette and Humber Bay Park West.  (west side of the Humber River and on the North bank opposite the Mimico and Etobicoke Yacht clubs)

The Phase 2 extension added 500 metres of waterfront trail, three sections of cantilevered pedestrian boardwalk and a separate multi use trail located along the backshore that provides cycling, inline skating adjacent to the boardwalk, small pockets of wetland habitat, landscaping and park lighting.

Total Budget was $18.2 Million shared between $6.5 Million City of Toronto, $6.2 Million by the Province of Ontario and $5.5 Million by the Government of Canada.

The Mimico BIA @MimicoByTheLake has been actively working to promote this neighbourhood and community to those living in the Humber Bay Shore Condo concentration that is a mere few blocks away.   There has been a revival of late with restaurants and bistro, streetfront patios that welcome your walkin traffic.

Its the community that makes you love living in Mimico.

If you would like some details  send me an email or check out a few buildings. 

No wants to buy your house - You smoke

We only have a few cigarettes a day  -  now...
We're trying to quit...

Its his house, and he should be able to smoke....

Does the lingering smell of cigarette odors impact the dollar value of a home's sale price?

Is repainting and new broadloom enough to change the smell? 

What is your situation?

More than half of respondents — 56 per cent — said most buyers are less likely to purchase a home where people have smoked, and 27 per cent said most buyers are actually unwilling to buy a home where people have smoked.
In Canada, an estimated 15 per cent of homes have at least one regular smoker.
The study found that almost half, or 44 per cent of respondents, said smoking in the home affects resale value.
Of these, one in three said smoking in the home may lower the value by 10 to 19 per cent and a further one in three said it may lower the value by 20 to 29 per cent. http://www.cbc.ca/news/business/story/2013/04/16/business-smoking-housing.html?cmp=rss

As realtors we all have had properties with smokers;  I recommend  vinegar in pie plates placed around the property to suppress odors.  BUT they keep smoking...

How do you handle it?

David Pylyp

Toronto Condos Return Profit on Investment

Tell me again about the ACTUAL Rate of Return in Toronto condo and real estate market.  By leveraging your 20% or 30% down you can have a return on your entire portfolio value.

Where would you like to put your investment in the GTA's continuing real estate market? 

Just be careful what you buy...   http://www.buyinginToronto.ca  Get informed advice. 

Maybe you would like to conduct your own search. http://homeswesttoronto.tumblr.com/mobile

How can I help you?  416 233 9000

Can you afford to retire?

Have you considered where in Toronto you could live?

Are you where you want to be?



Do you have everything you need?

Have you prepared and planned for the future?

Average People have Dreams and Hopes; Confidant people have Goals and Plans.

Let me help you get there.

My number is 647 218 2414.


So there's my number Call me Maybe

Lifestyles of the Rich and Famous - Toronto Humber Bay Shore

We loved watching the Lifestyles of the rich and famous... Seeing how the other half lives

Here's a fun link for your Saturday or Sunday!

These are Condos that are going to be on Open House this weekend July 28 and 29th, 2012

Humber Bay Shores and Lake Shore,  Marine Parade Drive in Toronto West...

Even if you're not shopping in this price range, it's still fun to check out the Waterfront of the local market every now and then?  Don't you think? Drop in at Eden and enjoy the open air patio! 

(And of course, if you know anyone who might be interested in one of these great properties, feel free to hit reply... )   Here the link

Happy to help,

David Pylyp
Accredited Senior Agent

647 218 2414

Buying a Condo - Is It really a deal anymore?

Condos are usually considered starter residences with studios, one bedrooms and lofts being most desired. Singles tend to be the predominant purchasing group.  As you gather and collect things for life you also gain a spouse and child. Things constantly change.

We were expecting retirees to downsize and  occupy smaller units, but they are embracing the housing they have and renovating to make their houses suitable for long term occupancy. This includes stair glider systems, wheelchair ramps and lifts at the front entrance plus other bath and lift aids. Walk in and Sit down Shower Conversions.

In a condo we agree to follow the Rules and Regulations. Declare Tenant Occupancy,  you get to do what you want inside not on the outside; Pet Restrictions, No wild parties, no excessive noise, Parking in new buildings is often limited. TTC ridership is encouraged. Auto Sharing?

Many decisions and obligations are made for you  so really you are making a lifestyle selection.  You have the right to pay maintenance fees. The costs for heat and hydro, water and garbage removal, (a house's garbage pick up is included, condo's pay tipping) additional amenities like a concierge can easily run to 58 cents per square foot.  The bigger the building, the better the sharing, but now you have more suites per floor in higher structures. Do you have a Rec center?

What will be the Future Values?

We have had an unprecedented run up in values that has continued unabated since 2000.  (There was  a blip in 2008 that recovered almost immediately in 2009). These exceptional growth years are expected to soften slightly going into 2014.  (PDF from CMHC)  As tenant demand decreases first prices will soften for rents, then prices will begin to adjust for unit costs. Toronto currently has 1.1% vacancy. 

CMHC projects average values at $420 - $495 per square foot as sustainable and supported by the Toronto condo resale market.   If you are buying at higher values you need to examine your addition amenities.

Annual appreciation on condos has been about 5 % per year on average. As buildings age they tend to stay within the rate of inflation for per square foot prices while maintenance fees continue to increase. Mandatory Reserve Fund studies are revisiting the minimum required contribution limits at 10% as inadequate. This is forcing many Condo Corporations to make the hard realistic choices they have evaded. 

So what's my conclusion?

I could never afford to live in the location I have; at High Park over looking Lake Ontario, in a single detached home, (The Opening Video scene is shot from my condo window) If It was not in a condominium. The same very quickly applies to being in the downtown core.  With larger units, 3 bedrooms plus den, does not appear to have sustained demand due to cost. IE 1.5 million plus.

If you want the lifestyle and location, it's great.  As an investment, with the additional expense of upkeep, maintenance fees and services, condos may not deliver the promised return. 


What do you think?

Why you need to come to my office

Is it better to meet at Horton's or Starbucks for a coffee? 


It is informal; close to your location of choice. An informal, casual and non threatening meeting place.


In this digital day and age, Forms and PDF's we can read are on my iPAD, or on my laptops, Digital Signatures and rocket sticks for instant online access. Will I register you into the Buyers Registration 


System with your Home Selection Criteria?


We will discussing your financial capacity, employment and urgency for being located into the new property. Your credit score, down payment sources and when funds will be available with the offer.


I will need to print for you a sample of available properties for sale that meet your availability and timing. This is then packaged for you into a Buyers Agency folder with; 

• Buyers Agency Acknowledgement
• Buyers Agency Agreement
• Buyers Agreement PLAIN TEXT 
• Buyers Registration
• Cash flow and Expense Sheet 
• Toronto and Ontario Land Transfer Tax and Rebates
• A logical Workflow process

Or we could meet at my Office.


Yes, I keep an office because we still need the PRIVACY.


We need a location where you can look at an offer, read the information, digest the content and context, ponder and consider the negotiation at hand and formulate a decision, WITHOUT ambient noise and over your shoulder Looky Lou's....


Yes even in this day and age with the work from home concept; I still like my office.    Where would you like to meet?


Shopping this summer?  Lets get started...

+David Pylyp

Condo Reform - Extra Cost or Actual Benefit

Toronto's Changing Skyline

The Ontario Government has taken heed to a private members bill to reform the Condominium Act (1998) given that it is somewhat dated and creates a process that does not give owners the right to grieve or challenge decisions made by a Board of Directors.

Condominium Act Review and Public Consultation

 BARBARA HOLMES Heenan Blaikie

The Ontario government recently announced that it would be undertaking a review of the Condominium Act and public consultation with condominium community stakeholders, including owners, residents, developers and property managers. 

A number of issues of concern were identified:

• Consumer protection for condominium buyers
• Condominium finances and reserve fund management
• Condominium board governance
• Accreditation of condominium managers
• Dispute resolution

Since the Condominium Act, 1998 was enacted in 2001, there have only been minor changes to the legislation. In the same time period the number of condominiums being constructed has grown tremendously, with the GTA being the hot-bed of condo development in North America. 

The release of this press announcement seems to indicate that through the efforts of ACMO and CCI, the government is finally proceeding with a serious review of the legislative brief prepared by ACMO and CCI’s legislative committee.  The process of preparing the legislative brief involved representatives from the condominium industry coming together with recommended changes to specific sections of the Condominium Act.  A recent private member’s bill (which has been the focus of a lot of media attention)  proposed some amendments to the Condominium Act. While it was recognized that changes to the current legislation are needed, there were concerns in the condominium community that the private member’s bill was very limited in scope and introduced without consultation and input from all major stakeholders in the condominium industry. With the government’s announcement we expect that the private member’s bill will not be moving forward.
 

The Legislation if enacted will have addition reach for Condominium Owners for dispute resolution and mediation.  Unfortunately this may mean that Condo boards may be forced into lengthy legal proceedings only to hear a grievance that is one sided in favour of the applicant and not in the general interest of all condominium owners as a whole.


There are many provisions within the Condo Act and the Declarations that need clarification and testing on a building by building basis.  These now include interpretation of permitted vehicles, Work Place and Safety Issue as well as Harassment Provisions under Bill 160. The condo building is an employer and has staff on site.


Condo Boards are  not for profit corporations. They have audited Financial Statements and most (larger) buildings have on site experienced Management Companies. All Condo Boards retain legal counsel as a course of running their buildings. As an aside about Reserve Fund Studies and Is there enough money in the fund? Do we need another layer of government to oversee Condo Boards?

License Toronto Landlords

Toronto has not yet joined other municipalities to license Landlords but that may be short lived as the City looks for new sources of Revenue. The average tax appears to be at $825.00 per unit.

Condo Units in a Building are exempt.

Compulsory licensing for small landlords is rapidly spreading throughout Ontario, having come into effect most recently in Waterloo on April 1 and North Bay on May 1. Other Ontario cities which have already implemented a licensing regime are Guelph, London, Mississauga and Oshawa.
The idea appears to be contagious, and many other cities are looking at the concept, including Hamilton and Kitchener.
Waterloo’s licensing regime is typical. Licensed rental properties in homes or townhouses can have no more than four bedrooms, but units in apartment buildings and condominiums are strangely exempt.
Landlords are required to pay application and annual fees of as much as $825 to rent bedrooms in houses and townhomes.
Regulated units are theoretically subject to higher standards for health and safety, and landlords are subject to a criminal records check. The new bylaws set maximum occupancy limits (apparently regulating how many people can sleep in one bedroom), and minimum distances separating one licensed building from a neighbouring one.
Previously required fire inspections have been eliminated, and landlords now have to self-certify compliance with six different bylaws, including, strangely, fence bylaws, as well as building, fire, electrical and health codes.
The ability of Ontario municipalities to implement landlord licensing came into force in 2007 with changes to the province’s Municipal Act, which allowed municipalities to regulate businesses and business transactions.
Many observers — including this one — are concerned that the new regulatory scheme is either a municipal money grab, or a crude attempt to regulate and limit housing for students and large families. Both groups are often classified as low income. In Waterloo, for example, two tenant families with three children each cannot live in houses within 150 metres of each other.
A North Bay city statement about its new bylaw says that the purpose of regulation includes ensuring that rental properties “do not create a nuisance to the surrounding neighbourhoods, and . . . protect the residential density, amenity, character and stability of the residential areas.”
Similar arguments were used to justify restrictive property covenants based on race and religion prior to the 1950s. In a horrendous 1949 decision of the Ontario Court of Appeal, the judges wrote that a restriction on title to land preventing purchase by those of “Jewish, Negro or coloured” race or blood was just to assure that the residents were “of a class who will get along together.”
It seems that in Waterloo, North Bay and elsewhere, today’s students and large families are being treated like yesterday’s minorities.
In fact, the Ontario Human Rights Commission (OHRC) is currently investigating whether rental housing licensing bylaws in North Bay and Waterloo create discriminatory barriers to rental housing.
Bob Aaron is a Toronto real estate lawyer. He can be reached by email at bob@aaron.ca, phone             416-364-9366       or fax 416-364-3818.
Visit the Toronto Star column archives at http://www.aaron.ca/columns for articles on this and other topics or his main webpage at www.aaron.ca.

Are you interested in acquiring tenants for a unit in Toronto?    Give me a call at             647 218 2414      

+David Pylyp

Comparative Market Evaluation

A Current Market Evaluation  or a Comparative Market Analysis [CMA] proves you with an Opinion of Value based on homes that have sold recently in close proximity to your community.



Working with a proven sales professional with provide you with the Results that Matter in the shortest period of time. This means the least disruption for you and your family.  The CMA will include a GEO Warehouse Report for Neighbourhood history [any trade or sale] and the MPAC Property Assessment Statements.

You have better things to do.   Call me.  David Pylyp or complete the  Property Evaluation NOW